Permits States to designate watershed councils to carry out fisheries habitat protection, restoration, and enhancement plans.
Makes projects that support or implement specific recommendations contained in a council plan eligible for financial support from a State's fisheries habitat account established pursuant to this Act.
Directs the Secretary of the Interior, acting through the Director of the Fish and Wildlife Service, to establish a community fisheries habitat revitalization program to provide for assistance to State fish and wildlife agencies for projects to improve urban watersheds and public access to such watersheds in order to restore fisheries habitat or enhance fisheries uses and provide recreational opportunities.
Requires States with approved programs to establish fisheries habitat accounts for providing financial support for recommended projects.
Requires the Secretary, acting through the Directors of the Fish and Wildlife Service and the Geological Survey, to establish a national planning program for protection and restoration of fisheries habitat through improved floodplain management practices on major waterways.
Provides for public dissemination of technical information on fisheries-related needs for instream flows.
Treats Indian tribes as States for purposes of this Act.
Reauthorizes appropriations for FY 2002 through 2006 under the Act for grants for: (1) nonpoint source pollution control management programs; and (2) groundwater quality protection activities to advance States toward implementation of such programs.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 325 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 325
To amend the Federal Water Pollution Control Act to establish a program
for fisheries habitat protection, restoration, and enhancement, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2001
Mr. Tanner (for himself, Mr. Blunt, Mr. John, Mr. Abercrombie, Mr.
Saxton, Mr. Dingell, Mr. Stenholm, Mr. Pallone, Mr. English, Mr.
Boehlert, Mr. Boyd, and Mr. Clement) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on 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 Federal Water Pollution Control Act to establish a program
for fisheries habitat protection, restoration, and enhancement, and for
other purposes.
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 ``Fishable Waters Act of 2001''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress finds the following:
(1) The extensive and diverse fishery resources of the
United States are of enormous recreational and economic benefit
to the Nation, providing employment, subsistence, tourism, and
wholesome, family-oriented recreational opportunities for
millions of people and contributing billions of dollars to the
Nation's economy. It is in the best interest of the Nation to
secure these benefits by protecting and restoring healthy fish
populations in our inland and coastal aquatic environment and
by enhancing fishing opportunities. Sufficient water of good
quality is among the most significant requirements for
sustaining and restoring the productivity of fisheries in the
Nation's watersheds and coastal areas.
(2) Despite the success of federally funded fish and
wildlife restoration programs in restoring fish and wildlife
across the Nation and the success of the Federal Water
Pollution Control Act in improving water quality in the
Nation's surface waters, the national goal of providing for the
protection and propagation of fish, shellfish, and wildlife has
not been fully realized. This important goal can be
significantly advanced through a renewed commitment and
sustained effort, complementary to fish and wildlife
restoration programs and clean water programs, to protect and
restore freshwater and marine fisheries habitat and to enhance
access for fisheries uses for present and future generations.
Loss of aquatic and riparian habitat through activities such as
physical alteration of watercourses, stream blockages, erosion
and sedimentation, destruction or modification of wetlands, and
other physical impacts have caused significant declines in fish
populations throughout the Nation.
(3) Urban communities are disproportionately affected by
aquatic habitat loss, loss of species diversity, invasion of
exotic species, and lack of public access to waterways and
fishing opportunities.
(4) The Nation can achieve significant progress toward
providing for the protection and propagation of fish,
shellfish, and wildlife through a voluntary, non-regulatory,
incentive-based program based on Federal technical and
financial assistance, coupled with planning and implementation
on a watershed basis by local, regional, State, and tribal
organizations. The program should be designed and carried out
to characterize aquatic habitats in terms of their suitability
for fisheries, to review and supplement existing fisheries
objectives or establish new objectives, to identify the factors
and activities causing adverse impacts or threats to fisheries
habitats and uses, and to define and implement site-specific
projects and measures, with the willing consent of affected
landowners, necessary for the protection and restoration of
fisheries habitat and enhancement of access. Flexibility and
innovation that lead to improved habitat and sustained fish
production, together with a special emphasis on identifying and
prioritizing program efforts for urban and other high priority
watersheds, will be necessary for achieving the necessary
progress on an equitable, cost-effective basis.
(b) Policy.--Subsection 101(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1251(a)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) it is the national policy to achieve the protection
and restoration of sustained fish production and fisheries
habitat in the Nation's watersheds and marine environment and
the enhancement of access for fisheries uses through a
combination of voluntary watershed planning and incentives for
the implementation of site-specific, fisheries habitat-related
projects and measures.''.
SEC. 3. FISHERIES HABITAT PROTECTION, RESTORATION, AND ENHANCEMENT
PROGRAM.
(a) In General.--Title III of the Federal Water Pollution Control
Act (33 U.S.C. 1311-1330) is amended by adding at the end the
following:
``SEC. 321. FISHERIES HABITAT PROTECTION, RESTORATION, AND ENHANCEMENT.
``(a) State Programs.--
``(1) In general.--
``(A) Establishment.--In order to be eligible for
assistance under this section, a State shall establish
a program for the protection and restoration of fresh
water, estuarine, and marine fisheries habitat and for
the enhancement of access for fisheries uses through
watershed planning and the implementation of projects,
activities, and measures that meet the requirements of
this section.
``(B) Limitation on statutory construction.--
Nothing in this section--
``(i) alters, or requires alteration of,
the authority or jurisdiction of a State fish
and wildlife agency;
``(ii) affects the authority, jurisdiction,
or responsibility of the several States to
manage, control, and regulate fish and resident
wildlife and their habitat under State laws and
regulations;
``(iii) except as specifically provided in
this section, affects, alters, suspends, or
delays implementation of any other provision of
this Act (including any requirement under a
program established under this Act), or the
obligations of any party under any such
provision; or
``(iv) authorizes any watershed council,
State, or Indian tribe to recommend or approve
the imposition of any new or more stringent
regulatory or compliance obligations pursuant
to any provision of this Act (including any
requirement under a program established under
this Act).
``(2) Minimum requirements.--The Secretary may approve a
State program submitted under paragraph (3) only if the
Secretary determines that the State has the following
authorities required for implementation of the program:
``(A) To establish an advisory review board,
committee, or other advisory body, or expand the
authority and duties of any existing body, to provide
recommendations with respect to each decision taken
under the program. The membership of the advisory
review board shall be fairly balanced in terms of the
points of view represented and the functions to be
performed and shall be representative of interests
affected by activities carried out under the program,
including tribal, private, public, governmental, and
nonprofit interests. The membership of the advisory
review board shall include one or more members who
represent the interests of designated watershed
councils.
``(B) To designate, and terminate the designation
of watershed councils and associated watersheds within
the State to be addressed through the program. In
designating a watershed, the State shall determine,
based on a review of the best available scientific
information conducted in cooperation with appropriate
State fish and wildlife agencies, whether the watershed
shall be considered a high priority watershed.
``(C) To solicit, encourage, and facilitate the
formation of watershed councils for high priority
watersheds and support the formation of watershed
councils voluntarily proposed in other watersheds.
``(D) To develop, in cooperation with appropriate
State fish and wildlife agencies and the State
technical committee, and provide to designated
watershed councils, a uniform system for assigning
priority rankings to recommended projects and measures
contained in plans submitted for review under the
program. Priority ranking systems shall be based
primarily on the likelihood that such recommendations
would achieve significant progress toward protection or
restoration of habitat or enhancement of uses for
important (or potentially important) recreational and
subsistence fisheries.
``(E) To review, in cooperation with appropriate
State fish and wildlife agencies, and issue decisions
with respect to all fisheries habitat protection,
restoration, and enhancement plans and all interim
recommendations developed, revised, or updated by
designated watershed councils and to provide for
judicial review of such decisions under State law.
Nothing in this paragraph authorizes the Secretary to
require any particular form of judicial review,
standard of review, or standing requirements to obtain
judicial review.
``(F) To receive and administer funds provided and
reserved pursuant to this section, and administer a
fisheries habitat account for the purpose of providing
funds for implementation of watershed council
recommendations.
``(G) To coordinate, through the appropriate State
fish and wildlife agency, with the watershed planning
programs of other States wherever necessary for the
development of complementary approaches to the
protection and restoration of fisheries habitat and the
enhancement of access for uses in watersheds in common
with such States.
``(H) To provide annually to the Secretary, the
Administrator, and the Secretary of the Interior, and
make available publicly within each designated
watershed, a report on the progress achieved, funds
expended, and monitoring results obtained by watershed
councils under the program, as well as on the State's
plans and objectives for future activities under the
program.
``(I) To transmit to affected and interested
departments and agencies of the Federal Government all
recommendations contained in approved plans and interim
recommendations pertaining to the activities or lands
under the jurisdiction of such departments and
agencies.
``(J) If the State elects to consider planning for
major waterway segments under the program, to review
and issue decisions accepting or rejecting such
recommendations as may be provided by the Secretary of
the Interior pursuant to subsection (g)(4).
``(3) Approval.--A State, in cooperation with and, wherever
applicable, through the authority of the State fish and
wildlife agency or regional fisheries commission, may submit to
the Secretary for approval a program described in subsection
(a)(1). The Secretary shall approve the program if the
Secretary finds, after public notice and opportunity for public
comment, and after consideration of comments provided by the
Secretary of the Interior and the Administrator, that--
``(A) the program satisfies the requirements of
paragraph (2); and
``(B) the State has the capability to implement
such requirements.
``(4) Grants for implementation.--Upon approval of a
program submitted by a State under this subsection--
``(A) the Secretary may make grants to the State
for administration of the program, as provided by
subsection (g)(3)(A); and
``(B) the Secretary may enter into a memorandum of
understanding with the State, as provided by subsection
(g)(3)(A), under which the State may make grants to
designated watershed councils for development of plans
and interim recommendations under subsection (c).
``(b) Watershed Councils.--
``(1) In general.--A State, pursuant to a program approved
under subsection (a), may designate 1 or more watershed
councils to carry out the planning functions identified in
subsection (c). The State shall also designate and describe the
watershed for which the council shall have planning
responsibilities.
``(2) Capabilities and purposes of councils.--A watershed
council shall be eligible for designation under an approved
State program if the council meets the following conditions:
``(A) The council is a voluntary organization
possessing no direct or indirect regulatory authority,
convened by a State, a local governing body such as a
city, county, town, water supply or sewer district,
watershed district, drainage district, soil and water
conservation district, flood control district, resource
conservation district, or irrigation district, or by
any combination of such governing bodies.
``(B) The council's membership is fairly balanced
in terms of the points of view represented and the
functions to be performed and is representative of
interests within the watershed, including tribal,
private, public, governmental, and nonprofit interests,
as well as existing special purpose districts, as
appropriate, that may be affected by the activities of
the council.
``(C) The council has a specific charter, to be
approved by the State upon designation, that commits
the council to achieving the objectives of this section
in a timely manner.
``(D) The council has available to it, through its
members, through cooperation with the State fish and
wildlife agency and the State technical committee, or
through identified advisory groups, institutions, or
individuals, the expertise necessary to perform the
functions identified in this section in a timely
manner.
``(E) The council has adopted procedures to ensure
public participation in the council's activities.
``(F) The council has authority, through an
agreement with the council's member agencies (including
conservation districts and resource conservation
districts), to ensure proper administration of and
accounting for grant funds provided under this section,
as well as other public or private funds.
``(3) Other considerations.--
``(A) Watersheds located in more than 1 state.--Two
or more States may jointly designate a watershed
council to carry out planning functions for any
watershed, the lands and waters of which lie within
more than 1 jurisdiction, and may choose to facilitate
such a program through an appropriate regional
fisheries commission.
``(B) Preference for existing councils.--In
designating watershed councils under this subsection,
the State shall give preference to existing watershed
councils or similar bodies organized under other
authorities for purposes similar to the purposes of
this section, and to existing local and regional
resource planning organizations, if such councils or
organizations, or portions thereof, substantially
satisfy the requirements of paragraph (2).
``(4) Application and designation process.--
``(A) Applications.--An organization meeting the
requirements of paragraph (2) may apply for designation
as a watershed council by submitting a description of
its capabilities and purposes, together with its
proposed charter and a description of the relevant
watershed, to the State whose program has been approved
pursuant to subsection (a).
``(B) Designations.--The State shall--
``(i) review and evaluate the adequacy of
the descriptions together with any supplemental
information that may be required and, if
determined complete by the State, publish the
description for public comment; and
``(ii) within a reasonable time after the
close of the public comment period, issue a
decision, under State law, together with a
response to significant public comments, either
designating the watershed council and the
watershed, with or without conditions, or
denying the application.
``(C) Effect of designations.--Upon the designation
of a watershed council and associated watershed, the
council shall be eligible to receive funding to carry
out its planning functions, as provided in subsection
(g). A designated watershed council shall remain
eligible to receive funding and to have its plan or
revisions thereto considered for approval, as provided
by this section, so long as it continues to serve the
purposes of its charter, as determined by the State.
``(c) Watershed Planning Process.--
``(1) Comprehensive plans.--A designated watershed council
shall develop a comprehensive fisheries habitat protection,
restoration, and enhancement plan for submission to the State
that, at a minimum, meets the requirements of paragraph (4).
The designated watershed council shall consider the views of
the appropriate State fish and wildlife agency in order to
ensure that the comprehensive plan will complement the
implementation of existing fisheries-related plans developed
pursuant to other laws or requirements. The designated
watershed council shall consult with the State technical
committee, the State department of agriculture, and other
appropriate organizations with relevant expertise in order to
ensure that the comprehensive plan will complement the
implementation of existing plans developed by State technical
committees and reflect a thorough evaluation of the effect of
the council's recommendations on existing land use activities,
including agricultural uses.
``(2) Interim recommendations.--In addition to developing a
comprehensive plan, a designated watershed council may submit
for approval interim recommendations that address high priority
factors or activities causing imminent adverse impacts or
threats to fisheries habitat located in high priority portions of
waters within the watershed. The interim recommendations shall conform
to the requirements of paragraph (4)(D), shall be reviewed in
accordance with subsection (d), and shall have the same effect as
recommendations contained in approved plans, as provided by subsection
(e).
``(3) Data collection and expertise.--A designated
watershed council--
``(A) shall collect and consider the best available
scientific information;
``(B) may develop such additional data and
information as may be necessary or desirable; and
``(C) shall consult with the appropriate State fish
and wildlife agency, the State technical committee, the
State water quality agency, and such other experts,
including relevant Federal land and resource management
agencies, as may be necessary to carry out the
comprehensive planning process described in paragraph
(4).
``(4) Planning elements.--A comprehensive plan developed
and submitted for approval pursuant to this section shall
include a discussion of each of the following planning
elements:
``(A) Characterization of waters and watersheds.--A
characterization of the waters of the watershed in
terms of--
``(i) any fisheries-related indicators and
habitat characteristics that have been
established by the State fish and wildlife
agency pursuant to subsection (g)(2) or, prior
to such establishment, the information issued
by the Secretary of the Interior pursuant to
such subsection;
``(ii) existing geomorphological
characteristics;
``(iii) existing manmade topographic
features that govern the quantity or flow of
waters;
``(iv) existing and historic wetlands,
channels, meander belts, erosion zones, and low
lying areas of the floodplain, including a
description of any historic and present
flooding patterns;
``(v) existing watershed soils, their
potential to erode, and measures taken by
landowners to prevent runoff and erosion;
``(vi) existing land cover and land uses
that affect the watershed's ability to support
fishery resources;
``(vii) existing and potential fisheries-
related uses of such waters, including
recreational, subsistence, and economic uses,
that are or may be affected by adverse impacts
on fisheries habitats or by restrictions on
public access;
``(viii) whether such waters, or portions
of such waters, should be considered to be
habitat limited, of high value, or access
restricted for fisheries uses; and
``(ix) existing protections for fishery and
habitat values.
``(B) Recommended objectives.--The council's near-
term and long-term objectives for the protection and
restoration of fisheries habitat and enhancement of
access within the watershed, including, as relevant and
appropriate, recommendations for--
``(i) protection of high-value waters
through implementation of measures to maintain
habitat conditions that will sustain a healthy,
resilient, diverse, and productive aquatic
system;
``(ii) restoration of habitat limited
waters or portions of such waters through
implementation of measures to produce habitat
conditions that will sustain a healthy,
resilient, diverse, and productive aquatic
system; and
``(iii) enhancement of access for fisheries
uses in restricted waters through
implementation of projects or measures to
increase public access, use, and enjoyment.
``(C) Identification of existing factors,
activities, projects, and measures.--An identification
of the factors and activities causing adverse impacts
or threats to fisheries habitat, and restrictions on
access for fisheries uses, within the watershed and an
identification of the projects and measures, either
planned or currently being implemented, that are
designed to address the adverse impacts, threats, or
restrictions. At a minimum, a comprehensive plan shall
specifically consider the following categories of
factors and activities:
``(i) Degraded or modified fisheries
habitat (such as channelized streams, erosion
sources, reduced or modified in-stream flows,
disrupted sediment transport mechanisms,
damaged or destroyed riparian vegetation,
damaged or destroyed spawning beds, and drained
backwaters or wetlands) and any upland
activities that are contributing to such
degradation.
``(ii) The principal categories of point
and nonpoint sources of pollution adversely
affecting fisheries habitat.
``(iii) Flood control measures and other
floodplain management factors that may have an
adverse impact on fisheries habitat.
``(iv) Alteration or reduction of water
flows, timing, and magnitude of water-flow
management measures, and acceleration of runoff
that have an adverse impact on fisheries
habitat.
``(v) Factors and activities causing
destruction, modification, or degradation of
wetlands that may have an adverse impact on
fisheries habitat.
``(D) Recommended projects and measures.--
``(i) In general.--A comprehensive plan
shall set forth the council's recommendations
for specific projects and measures that should
be undertaken, strengthened, supported, or
modified in order to achieve the objectives
recommended pursuant to subparagraph (B) and to
address the factors and activities identified
pursuant to subparagraph (C).
``(ii) Priority rankings.--The council
shall assign a priority ranking to each project
and measure for which implementation payments
are recommended pursuant to the authority
provided by subsection (e).
``(iii) Anticipated effects.--The plan
shall identify anticipated effects on existing
land use activities.
``(iv) Sources of funding.--With respect to
each recommendation, the plan shall identify
potential sources of Federal, State, local, or
other financial support to facilitate
implementation of the recommendation.
``(E) Categories.--In setting forth its
recommendations, a comprehensive plan shall address at
least the following categories:
``(i) For high value and habitat limited
waters, any necessary projects and measures
that should be undertaken, strengthened,
supported, or modified, with the willing
consent of persons holding a property interest
in affected lands, to protect or improve
physical fisheries habitat conditions, such
as--
``(I) instream modifications and
structures;
``(II) streamside vegetation;
``(III) modifications to flood
control measures and structures to
improve the connection of rivers to
low-lying areas such as backwaters,
side channels, oxbows, and tributary
mouths;
``(IV) improvement of floodplain
management practices and flood control
programs;
``(V) improved stream flow control
practices to simulate more natural flow
regimes;
``(VI) flood-response and disaster-
relief planning and measures that will
preserve or improve habitat integrity
in connection with decisions regarding
flood response, cleanup, levee
restoration, or other alternatives
following future floods; and
``(VII) other appropriate
techniques for the protection or
improvement of fisheries habitat.
``(ii) For nonpoint sources or categories
of nonpoint sources contributing pollutants,
including sediments, to habitat limited waters,
any necessary incentives, funding, or other
assistance to facilitate implementation, with
the willing consent of persons holding a
property interest in affected lands, of
additional or different best management
practices.
``(iii) For high value and habitat limited
waters, any necessary incentives, funding, or
other assistance, to be undertaken with the
willing consent of persons holding a property
interest in affected lands, for the prevention
or mitigation of adverse impacts on fisheries
habitat from the destruction or modification of
wetlands.
``(iv) For restricted waters, any necessary
incentives, funding, or other assistance, to be
undertaken with the willing consent of persons
holding a property interest in affected lands,
for improvement of public access to such waters
for enhancement of fisheries uses. The Council
shall include in any recommendation for
improvement of public access a determination
that enhancement of fisheries uses will be
consistent with sustaining a healthy,
resilient, diverse, and productive aquatic
system in the affected waters.
``(F) Recommended monitoring.--A comprehensive plan
shall set forth the council's recommendations for
biological, water quality, water quantity, and other
monitoring activities that are necessary to assess the
protection, restoration, and enhancement benefits
realized from implementation of the plan, together
with the potential sources of funding and other resources necessary for
their implementation. Monitoring should be consistent with the duration
of the activity being monitored and the need to evaluate the results of
the activity.
``(G) Planning process documentation.--A
comprehensive plan should describe and document the
steps taken by the watershed council during the
planning process to meet its consultation and public
participation obligations and shall describe the
results of its consultations with persons holding a
property interest in the affected lands that
potentially would be affected by recommendations
contained in the plan.
``(5) Periodic review and revision.--
``(A) In general.--A designated watershed council
shall review and, as necessary or appropriate, revise
or update an approved plan on a regular basis for as
long as the watershed council continues to be
designated, but not less frequently than once every 5
years.
``(B) Approval.--Revised or updated plans shall be
submitted for approval as required by subsection (d),
and if approved as provided therein, shall have the
effect of an approved plan pursuant to subsection (e).
``(C) Plans to terminate councils.--The State shall
periodically review each approved plan for which a
watershed council has been terminated and shall decide
whether to continue, terminate, or modify the plan in
accordance with the requirements of subsection (d).
``(d) Approval of Plans and Interim Recommendations.--
``(1) Submission of plans.--A watershed council shall
submit its comprehensive plan or interim recommendations to the
State for approval in accordance with this subsection.
``(2) Public participation.--If the State tentatively
determines that the plan or interim recommendations meets the
requirements of subsection (c), the State shall promptly issue
a public notice and provide an opportunity for public comment
and shall ensure that each Federal and State agency with
jurisdiction over any expenditures, projects, measures, or
management decisions that are the subject of any
recommendations shall receive a copy of the plan or interim
recommendations submitted for approval and be given an
opportunity to consult with the State prior to the State's
decision. A public hearing shall be held during the public
comment period if requested and if significant issues are
raised by any interested person.
``(3) Decisions.--Following the close of the public comment
period, the State shall issue, and provide public notice of, a
decision approving or disapproving, in whole or in part, the
plan or interim recommendations. The decision shall--
``(A) provide any necessary conditions of, or
limitations on, an approval or partial approval;
``(B) describe the grounds for any disapproval or
partial disapproval and specify those changes that will
be necessary before the plan or interim recommendations
may be fully approved;
``(C) indicate whether the appropriate State and
Federal agencies have expressly supported,
conditionally supported, or disagreed with any
recommendations applicable to such agencies;
``(D) take into consideration the balance and
representation of the council's membership at the time
of submission, as well as the views expressed by
council members who do not support 1 or more of the
recommendations;
``(E) respond to all significant comments received
during the public comment process; and
``(F) prescribe a specific date, not later than 30
days after the date of the decision, on which the
decision shall be effective.
``(4) Resubmission of plans.--If any plan or interim
recommendation, or any portion thereof, is disapproved, or if
conditions or limitations are prescribed in connection with
approval or partial approval, the designated council may revise
the plan or interim recommendation in response to the
conditions, limitations, or grounds for disapproval and
resubmit the plan or interim recommendation for reconsideration
in accordance with the requirements of this subsection.
``(e) Effect of Plan Approval.--
``(1) In general.--After the effective date of any approved
plan or interim recommendation, the expenditures, management,
planning, and activities described in this subsection shall be
subject to the conditions and procedures of this subsection to
the extent that such expenditures, management, planning, or
activities take place on or directly affect lands or waters within the
watershed. Nothing in this section shall be construed to require any
person to undertake or refrain from any action pursuant to any
recommendation contained in an approved plan or interim recommendation
unless willing written consent is obtained from each person holding a
property interest in the lands affected by such action.
``(2) Implementation expenditures.--
``(A) In general.--Subject to the requirements of
this paragraph, projects and measures that support or
implement specific recommendations contained in an
approved plan or interim recommendation shall be
eligible for financial support from the State's
fisheries habitat account established pursuant to
subsection (g)(3)(B).
``(B) Use of funds in state fisheries habitat
accounts.--
``(i) Provision of funds.--A State is
authorized to provide funds from the State's
fisheries habitat account to persons who enter
into legally binding contracts or other
agreements for implementation of existing or
new projects and measures recommended by
watershed councils pursuant to approved plans
or interim recommendations.
``(ii) Permitted uses of funds.--Funds from
a State's fisheries habitat account may be
provided for any purpose identified in an
approved plan or interim recommendation,
including--
``(I) design, construction,
operation, maintenance or removal of
any structures;
``(II) conduct of activities, such
as management practices, not otherwise
prohibited by law;
``(III) acquisition of lands or
easements with the written consent of
each person holding a property interest
in the affected lands;
``(IV) offset payments to local
governments when acquisitions reduce
local tax revenues;
``(V) restriction of livestock
access to waters and provision of
alternative water supplies for such
livestock; and
``(VI) payments for the purpose of
funding, in whole or in part, the
increased premiums for crop insurance
made necessary by, and for a period
consistent with, reduced flood
protection caused by projects or
measures recommended pursuant to
subsection (c)(4)(E)(i).
``(iii) Prohibited uses of funds.--No funds
may be expended from a State's fisheries
habitat account for the planning, engineering,
design, or construction of dams or the
planning, design, engineering or construction
of roads on public lands.
``(C) The State shall establish a system of
appropriate limits on the maximum percentage of total
costs for a project or measure that may be provided
from the fisheries habitat account. The system shall
reflect the priority rankings assigned to
recommendations contained in approved plans and interim
recommendations. In addition, the State shall utilize
its priority ranking system to establish, and revise
annually, a comprehensive priority sequence for funding
the projects and measures that have been recommended by
watershed councils.
``(D) If recommended in the approved plan or
interim recommendation, expenditures from fisheries
habitat accounts also may be made for the payment of
not to exceed 15 percent of the non-Federal share
required pursuant to the programs listed in
subparagraph (E). Such expenditures may be made without
regard to otherwise applicable limitations under such
programs on the maximum funding for individual projects
or activities, or the maximum duration of funding, and
may be used to fund portions of projects and measures
under such programs that may be ineligible due to size
restrictions or other limitations.
``(E) The following programs shall be subject to
the authority provided by subparagraph (D):
``(i) The wetlands reserve program
established by subchapter C of chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3837-3837f).
``(ii) The environmental quality incentives
program established by chapter 4 of subtitle D
of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa-3839aa-8).
``(iii) The emergency conservation program
established by title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201-2205).
``(iv) The national estuary program
established by section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330).
``(v) The wildlife conservation and
appreciation program established by title VII
of the Oceans Act of 1992 (16 U.S.C. 3741-
3744).
``(vi) The farmland protection program
established by the Farmland Protection Policy
Act (7 U.S.C. 4201-4209).
``(vii) The North American Wetlands
Conservation Act (16 U.S.C. 4401-4414).
``(viii) The forestry incentives program
established by section 4 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C.
2103).
``(ix) The cooperative forestry assistance
program established by sections 5 and 6 of the
Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2103a and 2103b).
``(x) The Federal aid in wildlife
restoration program established by the Act of
September 2, 1937 (Chapter 899; 50 Stat. 917;
16 U.S.C. 669-669i).
``(xi) The Federal aid in sportfish
restoration program established by the Act of
August 9, 1950 (Chapter 658; 64 Stat. 430; 16
U.S.C. 777-777l).
``(xii) The watershed protection and flood
prevention program established by the Watershed
Protection and Flood Prevention Act (16 U.S.C.
1001-1008).
``(xiii) The wildlife habitat incentives
program established by section 387 of the
Federal Agricultural Improvement and Reform Act
of 1996 (16 U.S.C. 3836a).
``(xiv) The partners for fish and wildlife
habitat restoration program established under
the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.) and the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.).
``(xv) The emergency protection program
established by section 216 of the Flood Control
Act of 1950 (33 U.S.C. 701b-1; 64 Stat. 184).
``(xvi) The conservation reserve program
established by sections 1231 through 1236 of
Public Law 99-198 (16 U.S.C. 3831-3836).
``(xvii) The clean lakes program
established by section 314 of the Federal Water
Pollution Control Act (33 U.S.C. 1324).
``(xviii) The Great Lakes program
established by section 118 of the Federal Water
Pollution Control Act (33 U.S.C. 1268).
``(xix) The flood hazard mitigation and
riverine ecosystem restoration program (also
known as ``Challenge 21'') established under
section 212 of the Water Resources Development
Act of 1999 (33 U.S.C. 2332).
``(F) If specifically recommended in the approved
plan or interim recommendation, expenditures pursuant
to any Federal program, the purpose of which is to
provide for flood damage compensation payments for loss
of crops, livestock, or structures, may be increased,
notwithstanding any otherwise applicable restriction
provided by law, with respect to specifically
designated lands within the watershed that are or would
be subject to increased flooding due to projects or
measures recommended pursuant to subsection
(c)(4)(E)(i). Expenditures described in the preceding
sentence may be made either upon the incidence of a
compensable loss or pursuant to a binding agreement
providing for future fixed payments that are subject to
such conditions and limitations as may be necessary or
appropriate to carry out the purposes of the watershed
council's recommendations.
``(3) Federal lands.--Each Federal department or agency
with jurisdiction to manage Federal lands within a designated
watershed shall consider those recommendations related to
improvements in the management of such lands that are contained
in approved plans or interim recommendations in all future
decisions respecting planning and activities on such lands that
will have significant impacts on fisheries habitat and uses and
shall issue and make publicly available a written explanation
of its decisions setting forth its rationale for adopting or
departing from such recommendations.
``(4) Federal planning and activities.--
``(A) In general.--Federal departments and
agencies, States, and units of local government
undertaking federally funded planning and activities on
non-Federal lands affecting waters within the watershed
shall consider those recommendations pertaining to such
planning or activities contained in an approved plan or
interim recommendation and shall issue and make
publicly available a written explanation setting forth
its rationale for adopting or departing from such
recommendations.
``(B) Planning and activities on non-federal lands
affecting waters within the watershed.--In this
paragraph, the term `planning and activities on non-
Federal lands affecting waters within the watershed'
means the planning, design, or conduct of actions
that substantially and physically alter structures, lands, or waters
within the 100-year floodplain in a manner that directly and
significantly affects fisheries habitat.
``(C) Maintenance of navigation.--This section
shall not be construed as affecting or impairing any
authority of the Federal Government to maintain
navigation.
``(5) Wetlands jurisdiction.--The baseline jurisdictional
status of any agricultural lands on which wetlands may be
created or expanded as a result of increased flooding or
altered drainage pursuant to projects or measures recommended
pursuant to subsection (c)(4)(E)(i) shall, upon expiration or
termination of the agreement pursuant to which such projects or
measures were implemented, revert to their baseline
jurisdictional status. The jurisdictional status of any
agricultural lands on which wetlands may be created or expanded
as a result of increased flooding or altered drainage pursuant
to projects or measures recommended pursuant to subsection
(c)(4)(E)(i) shall, to the extent of such creation or
expansion, be governed by the methods and regulations of the
applicable program listed in subsection (e)(2)(E), as well as
any regulations issued under section 404 that are applicable to
such program, as those methods and regulations exist at the
time such funding is approved. The discharges from any wetlands
that are created or expanded for agricultural pollution control
purposes pursuant to recommendations contained in an approved
plan or interim recommendation shall not be required to obtain
a permit pursuant to sections 301 and 402 if pollutants
entering such wetlands result only from normal agricultural
practices such as crop production, raising of livestock, or
silvicultural activities.
``(f) Community Fisheries Habitat Revitalization Program.--
``(1) In general.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, shall establish a community fisheries habitat
revitalization program in accordance with this subsection.
Pursuant to the program, the Secretary of the Interior shall
provide funding and technical assistance to each State fish and
wildlife agency for development and construction of projects
designed to improve urban watersheds and public access to the
waters of urban watersheds in order to restore fisheries
habitat or enhance fisheries uses and to provide recreational
opportunities. In cooperation with the State fish and wildlife
agencies, the Secretary of the Interior shall issue such
guidance as may be necessary to provide for the planning and
implementation of the program.
``(2) Eligible projects.--In accordance with the guidance
issued pursuant to paragraph (1), each State fish and wildlife
agency may provide funding and technical assistance to a
project sponsor, as defined by paragraph (3), for any project
designed to restore or enhance urban watersheds or waterways in
order to achieve 1 or more of the following objectives:
``(A) Watershed restoration and protection.
``(B) Creation of floodplain riparian zones.
``(C) Restoration or creation of wetlands.
``(D) Stormwater management or treatment.
``(E) Removal of barriers to fish passage.
``(F) Reestablishment of stream channel
environments.
``(G) Creation or enhancement of recreational
fishing opportunities.
``(H) Support for the formation and activities of
local organizations to plan and implement restoration
or enhancement projects.
``(3) Project sponsors and cosponsors.--Each project for
which funding or technical assistance is provided by a State
fish and wildlife agency under the program shall have a project
sponsor. The project sponsor may be a nonprofit organization or
a State, sub-State, tribal, or local unit of government,
agency, or district within the project area that is authorized
to receive, account for, and administer funding and to execute
such other responsibilities as the Secretary of the Interior
may prescribe for grant agreements between the State agency and
project sponsor under the program. Any other such person may be
a project cosponsor.
``(4) Project areas and locations.--Projects receiving
funding or assistance under this program shall be located
within the boundaries of an urban watershed. Such projects may
be eligible if carried out on any municipal, Federal, State,
county, tribal, or private lands owned by the project sponsor
or a cosponsor.
``(5) Program priorities.--Each State fish and wildlife
agency shall give priority to funding and providing technical
assistance for projects--
``(A) for which support and participation by local
citizens, governmental entities and other affected
interests has been demonstrated;
``(B) located in or directly benefiting low-income
or economically depressed areas;
``(C) designed to provide significant improvement
in fisheries habitat and other ecological values and
functions in the watershed;
``(D) that will integrate local communities,
schools, and for-profit and nonprofit organizations in
efforts to restore or enhance community fisheries or
water quality and to provide education and training
opportunities in connection with such efforts; or
``(E) that will contribute to the improvement or
creation of local business related to the access to,
and recreational use of, urban watersheds.
``(6) Grant application, approval, and program
implementation.--The Secretary of the Interior shall ensure
that each State fish and wildlife agency to which funding is
provided under this subsection has the capability to
efficiently and effectively administer the program, including
procedures for--
``(A) furnishing application procedures,
eligibility criteria, and other necessary information
to prospective project sponsors;
``(B) simplifying or streamlining contracting
processes for grants not exceeding $100,000; and
``(C) reviewing applications and recommending grant
awards by an interdisciplinary team possessing
expertise in hydrology, ecology, biology, recreation,
agriculture, or such other disciplines as may be
necessary.
``(7) Federal support and reporting.--
``(A) Compilation of information.--The Secretary of
the Interior shall compile information received from
State fish and wildlife agencies, based on annual
reports to be provided by project sponsors, and
transmit to appropriate committees of the Congress not
later than January 1 of each year a comprehensive
report on implementation of the program, together with
recommendations for any necessary improvements or
changes to program.
``(B) Establishment of community fisheries habitat
clearinghouse.--In order to support local
implementation of projects under the program, the
Secretary of the Interior, not later than 12 months
after the date of enactment of this section, shall
establish a community fisheries habitat clearinghouse
that will develop and maintain--
``(i) a comprehensive and electronically
accessible database, including a library of
urban watershed restoration materials such as
publications, periodicals, technical
references, and videotaped information; and
``(ii) a listing of grassroots
organizations, State, Federal, and tribal
agencies, and non-profit groups involved in
urban watershed restoration activities.
``(C) Location of database.--The location of the
database will be selected by the Secretary of the
Interior after considering applications received from
interested parties solicited through public notice.
``(8) Conditions and limitations on funding.--The Secretary
of the Interior shall establish appropriate conditions and
limitations applicable to funding provided under the program,
including the following:
``(A) A requirement that the Federal share of the
cost for implementing each project shall not exceed 70
percent of the cost of the project in any fiscal year
and shall not exceed a total of $500,000. Not more than
10 percent of the Federal share of the cost of a
project provided in any fiscal year may be used for
administrative expenses.
``(B) A provision allowing the non-Federal share of
such cost to consist, in whole or in part, of in-kind
services provided by project participants and allowing
the non-Federal share to be waived in the case of any
project carried out in an economically depressed
community with a population of 50,000 or less.
``(9) Authorizations.--There is authorized to be
appropriated to the Secretary of the Interior, to carry out the
program established by this subsection, such sums as may be
necessary for each of fiscal years 2002 through 2006. Such sums
shall remain available until expended.
``(g) Federal Support.--
``(1) Technical support and reporting.--
``(A) Information and guidelines.--Not later than
90 days after the date of enactment of this section,
and after consultation with the Secretary of the
Interior and the Administrator, the Secretary shall
issue--
``(i) information and guidelines on the
minimum content of State programs to be
approved under subsection (a);
``(ii) information and guidelines on the
capabilities and purposes that should be
demonstrated by watershed councils under
subsection (b)(2); and
``(iii) compilations of information, such
as bibliographies, manuals, summaries or other
appropriate means of organizing and
disseminating information pertaining to each of
the planning elements specified under
subsection (c)(4).
``(B) Guidance.--The Secretary, after consultation
with the Administrator and the Secretary of the
Interior, shall issue guidance to the States setting
forth minimum requirements for applications to receive
program grants under paragraph (3)(A).
``(C) Progress reports.--For purposes of evaluating
the progress of State and tribal programs approved
under this section, the Secretary, in consultation with
the Secretary of the Interior and the Administrator, shall assemble and
review all reports on monitoring activities carried out pursuant to
watershed council recommendations and publish a report at least
biennially describing the progress and accomplishments of such
programs, as well as recommendations for improvements in the design or
implementation of such programs.
``(D) Report on state of fisheries habitats.--The
Secretary of the Interior shall review the reports
prepared by the Secretary of Agriculture pursuant to
the subparagraph (C), together with any other
information or data the Secretary of the Interior may
develop or determine to be necessary, and shall publish
a report at least biennially describing the state of
the Nation's fishery habitats as well as the overall
progress being achieved in protecting and restoring
such habitats.
``(2) Fisheries-related information indicators and habitat
characteristics.--
``(A) In general.--The Secretary of the Interior,
in cooperation with State fish and wildlife agencies,
shall compile and provide scientific information for
consideration by such agencies in developing fisheries-
related indicators and associated habitat
characteristics, as described in this paragraph, and
for consideration by designated watershed councils in
characterizing waters and establishing watershed
objectives pursuant to subsection (c)(4).
``(B) Content of criteria.--Fisheries-related
indicators may be established by the State fish and
wildlife agencies pursuant to this paragraph to set
forth the appropriate factors, indicators,
measurements, and other considerations which,
independently or in combination, will be indicative of
a healthy, resilient, diverse, and productive aquatic
system and may distinguish among general categories of
fisheries based upon natural variations such as water
temperature and chemistry, flow regime, biotic factors,
habitat structure and composition, drought, and any
other relevant and appropriate considerations.
``(C) Habitat characteristics.--With respect to
each general category of fisheries for which criteria
are established pursuant to this paragraph, the State
fish and wildlife agencies should set forth those
habitat characteristics that are determined to be necessary or
desirable for a healthy, resilient, diverse, and productive aquatic
system, together with a description of the most significant factors,
including water quality and quantity, that can cause adverse impacts on
or threats to those characteristics.
``(3) Funding.--
``(A) Grants for operation of state programs.--
``(i) In general.--The Secretary shall make
grants to any State, with a program approved
under subsection (a) for payment of the
reasonable costs of carrying out the
responsibilities described in subsection
(a)(2). Not less than 90 percent of the amount
of such grants made pursuant to this paragraph
shall be reserved for supporting the planning
and implementation of approved activities of
designated watershed councils.
``(ii) Memorandum of understanding.--As a
condition of such grants, the Secretary and the
State shall enter into a memorandum of
understanding setting forth the objectives and
funding priorities for the program, including
conditions requiring the State to undertake
specific activities to promote the formation of
watershed councils through education, outreach,
and the provision of funding for organizational
and planning efforts to develop requests for
designation, as well as conditions requiring
the State or regional fisheries commission to
provide a substantial portion of the funds
available for watershed planning to those
watershed councils associated with high
priority watersheds.
``(iii) Limitation on administrative
expenses.--Not more than 10 percent of the
amount of any grant made by a State to a
designated watershed council may be used to pay
the cost of administration or overhead in
connection with the council's activities.
``(iv) Authorization of appropriations.--
There is authorized to be appropriated to the
Secretary to carry out this paragraph such sums
as may be necessary for each of fiscal years
2002 through 2006. Such sums shall remain
available until expended
``(B) Fisheries habitat accounts for implementation
support.--
``(i) Establishment.--Each State with a
program approved pursuant to subsection (a)
shall establish a fisheries habitat account for
the purpose of providing financial support for
implementation of projects and measures
recommended by watershed councils pursuant to
approved plans and interim recommendations.
``(ii) Transfers.--Each State with a
program approved pursuant to this section may
reserve and transfer into its fisheries habitat
account an amount not to exceed 20 percent of
the funds received in fiscal year 2002 and each
fiscal year thereafter pursuant to section 319.
Amounts so transferred shall remain available
until expended.
``(iii) Authorized funding for restricting
livestock access to waters within a designated
watershed.-- There is authorized to be
appropriated to the Secretary not to exceed $25,000,000 for fiscal year
2002 and each fiscal year thereafter for the purpose of making grants
to States with programs approved under subsection (a) to enable such
States to provide funds to any person, through an account within a
State's fisheries habitat account, for implementation of any
appropriate measures recommended in an approved plan or interim
recommendation for restricting livestock access to waters within a
designated watershed and for providing alternative water supplied for
such livestock. Such sums shall remain available until expended.
``(iv) Authorized funding for
implementation of approved recommendations.--
There is authorized to be appropriated to the
Secretary not to exceed $250,000,000 for each
of fiscal years 2002 through 2006 for the
purpose of making grants to States with
programs approved pursuant to subsection (a) to
enable each such State to provide funds to any
person, through the State's fisheries habitat
account, for implementation of approved
recommendations, as provided by subsection
(e)(2). Such sums shall remain available until
expended.
``(v) Allocations of amounts.--Amounts
appropriated pursuant to clause (iv) shall be
allocated among States with programs approved
pursuant to subsection (a) giving priority
consideration to States that exceed other
States in the following categories:
``(I) The amount of hydroelectric
instream use (millions of gallons per
day) in the State in the previous
calendar year, as identified by the
United States Geological Service.
``(II) The total number of fishing
licenses, tags, permits, and stamps
sold by the State in the previous
calendar year.
``(III) The degree of degraded
waters in the State.
``(IV) The number of river miles
and lake acres in the State.
``(V) The population of the State.
``(vi) Annual survey.--The Secretary shall
provide to Congress an annual survey of
projected funding needs identified for each
State with a program approved pursuant to
subsection (a).
``(C) Federal program authorizations.--
``(i) Responsibilities of the secretary.--
There is authorized to be appropriated to the
Secretary such sums as may be necessary for the
administration and implementation of the
responsibilities required by this section. Such
sums shall remain available until expended.
``(ii) Responsibilities of the secretary of
the interior.--There is authorized to be
appropriated to the Secretary of the Interior
such sums as may be necessary for the
administration and implementation of the
responsibilities required by this section. Such
sums shall remain available until expended.
``(iii) Responsibilities of the
administrator.--There is authorized to be
appropriated to the Administrator such sums as
may be necessary for the administration and
implementation of the responsibilities required
under this section. Such sums shall remain
available until expended.
``(4) Planning and recommendations for major waterways.--
``(A) In general.--The Secretary of the Interior,
acting through the Directors of the United States Fish
and Wildlife Service and the Geological Survey and in
consultation with the Secretaries of Agriculture,
Commerce, and Energy, the Director of the Federal
Emergency Management Agency, the Chief of Engineers,
State fish and wildlife agencies, river basin
commissions, and Indian tribes, shall establish and
carry out a national planning program for protection
and restoration of fisheries habitat through improved
floodplain management practices on major waterways.
``(B) Identification of waterways segments.--
Pursuant to the national planning program, the
Secretary of the Interior shall identify discrete
segments of major waterways for which a watershed
council has not been designated pursuant to subsection
(b) and for which, in the Secretary of the Interior's
judgment, there is a high likelihood that significant
progress can be achieved through the implementation of
measures identified in subsection (c)(4)(E)(i) toward
the protection or restoration of habitat for fisheries
that exhibit substantial existing or potential
biological, commercial, or recreational value.
``(C) Recommendations for highest priority
segments.--With respect to each of the highest priority
segments identified by the Secretary of the Interior
that is subject to a State program which has chosen to
address major waterways pursuant to subsection
(a)(2)(J), or by more than 1 such program, the
Secretary of the Interior shall issue, after providing
notice and opportunity for comment, recommendations to
the appropriate State, or any combination of States,
for consideration of alternative floodplain management
measures of the types identified in subsection
(c)(4)(E)(i) to improve fisheries habitat conditions in
the identified segment or in downstream segments. The
State shall consider and act upon such recommendations
in accordance with the provisions of subsection (d).
``(D) Applicability of requirements.--Subsection
(e), including the requirement that approved
recommendations may be undertaken only with the willing
consent of persons holding a property interest in
affected lands, shall apply with respect to any
recommendations issued by the Secretary of the Interior
and approved pursuant to subsection (d).
``(h) Instream Flows and Water Quality.--
``(1) Water quality information.--In order to encourage the
maintenance of adequate water flows and volumes in the Nation's
rivers, streams, and lakes so as to protect and restore
fisheries habitat, the Secretary of the Interior, in
cooperation with the State fish and wildlife agencies, shall,
not later than 12 months after the date of enactment of this
section, issue information describing methodologies for
identifying instream flows that are necessary to protect
fisheries habitat.
``(2) Instream flow and water volume designations and
recommendations.--Any State may designate fisheries uses for
waters within the State's jurisdiction, together with instream
flows or water volumes, that are necessary to support such uses. Any
watershed council designated pursuant to this section may include
recommendations in its plan for fisheries objectives pertaining to
waters within the designated watershed, together with instream flows or
volumes that are necessary to support such objectives.
``(3) Information exchange/technical assistance.--In
cooperation with State fish and wildlife agencies, the
Secretary of the Interior, acting through the Directors of the
United States Geological Survey and the United States Fish and
Wildlife Service, shall provide technical assistance and
prepare and disseminate technical information on the fisheries-
related needs for instream flows to watershed councils
designated pursuant to this section, to others involved in land
and water management, and to the general public.
``(4) Expenditures.--As necessary and appropriate to
support the maintenance of instream flows or volumes designated
or recommended pursuant to paragraph (2), the Secretary of the
Interior, acting through the Directors of the United States
Fish and Wildlife Service and the Geological Survey and in
cooperation with the Secretary and the Administrator, as
appropriate, is authorized to provide funds to States, from
such appropriations as may be made pursuant to the
authorization provided by this subsection, for expenditures--
``(A) to obtain, under State law, an interest in
instream water flows, including the purchase of a water
right or lease of a water right;
``(B) to obtain, under State law, and manage an
interest in land as a means of exercising an associated
interest in water for the purpose of augmenting
instream flows;
``(C) to pay the cost, or any portion of the cost,
of making improvements to water control structures,
such as dams, in return for obtaining, under State law,
an interest in water for the purpose of augmenting
instream flows;
``(D) to pay the cost, or any portion of the cost,
of constructing, maintaining, repairing, or
implementing water conservation measures, such as
improved irrigation equipment and practices and water
conveyance structures, in return for obtaining, under
State law, an interest in water or a right to place
conditions on the use of water or for obtaining an
interest in water for the purpose of augmenting
instream flows; and
``(E) to obtain, under State law, an interest in
reservoir storage rights and the right to release water
from storage to maintain instream flows.
Any right or interest obtained under State law in connection
with an expenditure made under this paragraph shall be held by
the appropriate State agency or private entity or individual
(as permitted under State law) for its intended purpose in
perpetuity with respect to the purchase of a water right or for
the full term of the lease or other contractual instrument with
respect to any partial interest in a water right.
``(5) Authorization; conditions on expenditures.--The
following conditions shall apply to any expenditures made
pursuant to paragraph (4):
``(A) Expenditures will result in, or make a
substantial contribution to, the maintenance of
instream flows or volumes that are necessary to support
the associated fisheries objectives or uses designated
pursuant to paragraph (2).
``(B) Any right or interest in water acquired or
otherwise obtained under State law in connection with
such expenditures shall be so acquired or otherwise
obtained only with the written consent of a willing
seller of such right or interest.
``(C) The Secretary of the Interior shall manage
the funds appropriated pursuant to the authority
provided by this subsection so as to place the highest
priority on expenditures to support the recommendations
pertaining to instream flows or volumes contained in
plans approved pursuant to subsection (d).
``(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out paragraph (4) $50,000,000 for each of fiscal years 2002
through 2006. Such sums shall remain available until expended.
``(7) Limitation on statutory construction.--Nothing in
this section shall be construed to supersede, abrogate, or
otherwise impair the authority of a State to allocate
quantities of water within its jurisdiction or, except as
provided by paragraph (4), to authorize the transfer of rights
to quantities of water which have been established by any State.
``(i) Definitions.--In this section, the following definitions
apply:
``(1) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(2) Habitat limited waters.--The term `habitat limited
waters' means those waters in which the attainment of healthy,
resilient, diverse, and productive aquatic systems necessary to
sustain socially, ecologically, or economically important
fisheries is adversely affected by existing physical, chemical,
or biological conditions that can be remediated.
``(3) High value waters.--The term `high value waters'
means those waters in which existing physical, chemical, and
biological conditions sustain socially, ecologically, or
economically important fisheries.
``(4) Access restricted waters.--The term `access
restricted waters' means those high value waters in which
public use and enjoyment of fisheries is significantly limited
by lack of access.
``(5) Watershed.--The term `watershed' means, with respect
to a river, stream, or other surface water body, the drainage
area that contributes water to that river, stream, or water
body.
``(6) Urban watershed.--The term `urban watershed' means a
watershed or portion of a watershed located wholly or
substantially within the boundaries of an urbanized area, as
designated by the Bureau of the Census, or a municipality of
10,000 or more persons.
``(7) State fish and wildlife agency.--The term `State fish
and wildlife agency' means the commission, department, agency,
or agencies within each State that has primary legal authority
for the conservation of fish and wildlife in the State.
``(8) High priority watershed.--The term `high priority
watershed' means a watershed designated pursuant to State law,
as described in subsection (a), for which available information
demonstrates a high likelihood that the planning and other
activities authorized under this section could achieve
significant progress toward protection or restoration of
habitat for fisheries that exhibit substantial existing or
potential biological, commercial, or recreational value.
``(9) State.--The term `State' means any 1, or a
combination, of the following authorities acting pursuant to
jurisdiction provided under State law:
``(A) The Governor.
``(B) A State agency charged with ensuring water
quality standards.
``(C) A State fish and wildlife agency.
``(10) State technical committee.--The term `State
technical committee' means a technical committee established by
the Secretary pursuant to section 1261 of the Food Security Act
of 1985 (16 U.S.C. 3861).''.
(b) Inclusion of Indian Tribes.--Section 518(e) of the Federal
Water Pollution Control Act (33 U.S.C. 1377(e)) is amended by inserting
``321,'' after ``319,''.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
Section 319(j) of the Federal Water Pollution Control Act (33
U.S.C. 1329(j)) is amended to read as follows:
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsections (h) and (i) of this section and
section 321 such sums as may be necessary for fiscal years 2002 through
2006. Such sums shall remain available until expended.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on 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 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 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 Conservation, Wildlife and Oceans.
Executive Comment Requested from Interior.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line