I

104TH CONGRESS

1ST SESSION H. R. 1331

To amend the Watershed Protection and Flood Prevention Act to establish

a Waterways Restoration Program, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 28, 1995

Ms. FURSE (for herself, Mr. HASTINGS of Florida, Mr. MANTON, Mr. RICHARDSON, Mr. BEILENSON, Mr. YATES, Mr. WYDEN, Mr. DICKS, Mr.

DEFAZIO, Ms. WOOLSEY, Mr. VENTO, Ms. NORTON, Ms. MCKINNEY, Mr.

HINCHEY, Mr. MORAN, Mr. SANDERS, Mr. STUDDS, Mr. BARRETT of

Wisconsin, Mr. PORTER, Ms. ESHOO, Mr. EVANS, Ms. VELA ́ZQUEZ, Mr.

MILLER of California, Mr. SERRANO, Ms. ROYBAL-ALLARD, Mr.

GILCHREST, Mr. FROST, Mr. BRYANT of Texas, Ms. RIVERS, Mr. CONYERS, Mr. MARKEY, Ms. SLAUGHTER, Mr. ENGLISH of Pennsylvania, Mr.

DELLUMS, Mr. TRAFICANT, Ms. PELOSI, Mr. GIBBONS, Mr. WISE, Mrs.

MEEK of Florida, Mr. RUSH, Ms. LOFGREN, Mr. JACOBS, Mr. TAYLOR

of Mississippi, Mr. BROWN of California, Mrs. MORELLA, Mr. ROSE, Mr.

RANGEL, Mrs. LOWEY, Mr. MCDERMOTT, Mr. OLVER, Mr. FARR, Mr.

PALLONE, Mr. THOMPSON, and Mr. CLYBURN) introduced the following

bill; which was referred to the Committee on Agriculture, and in addition

to the Committees on Resources, and Transportation and Infrastructure,

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

A BILL

To amend the Watershed Protection and Flood Prevention

Act to establish a Waterways Restoration Program, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Waterways Restoration

3 Act of 1995’’.

4 SEC. 2. FINDINGS AND POLICY.

5 (a) FINDINGS.—Congress finds that—

6 (1) restoring degraded streams, rivers, and

7 other waterways to their natural state is a cost ef8 fective means to control flooding, excessive erosion,

9 sedimentation, and nonpoint pollution, including

10 stormwater runoff;

11 (2) protecting and restoring watersheds pro12 vides critical ecological benefits by restoring and

13 maintaining biodiversity, providing fish and wildlife

14 habitat, filtering pollutants, and performing other

15 important ecological functions;

16 (3) waterway restoration and protection

17 projects can provide important economic and edu18 cational benefits by rejuvenating waterfront areas,

19 providing recreational opportunities such as green20 ways, and creating community service jobs and job

21 training opportunities in waterway restoration for

22 disadvantaged youth, displaced resource harvesters,

23 and other unemployed residents;

24 (4) restoring waterways helps to increase the

25 fishing potential of waterways and restore dimin-
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1 ished fisheries, which are important to local and re2 gional cultures and economies; and

3 (5) low income and minority communities fre4 quently experience disproportionately severe deg5 radation of the waterways in their communities but

6 historically have had difficulty in meeting eligibility

7 requirements for Federal watershed projects under

8 the Watershed Protection and Flood Prevention Act

9 due to Federal policy obstacles such as local cost

10 share requirements and formulas for assessing costs

11 and benefits which favor high land values.

12 (b) POLICY.—Therefore, Congress declares it in the

13 national interest to—

14 (1) protect and restore the chemical, biological,

15 and physical components of waterways and associ16 ated ecological systems such that their biological and

17 physical structures, diversity, functions, and dynam18 ics are restored;

19 (2) replace deteriorating stormwater structural

20 infrastructures and physical waterway alterations

21 that are ecologically damaging with cost effective,

22 low maintenance, and ecologically sensitive projects;

23 (3) promote the use of nonstructural means to

24 manage and convey streamflow, stormwater, and

25 flood waters;
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1 (4) increase the involvement of the public and

2 youth conservation and service corps in the monitor3 ing, inventorying, and restoration of watersheds in

4 order to improve public education, prevent pollution,

5 and develop coordinated citizen and governmental

6 partnerships to restore damaged waterways; and

7 (5) benefit business districts, local economies,

8 and neighborhoods through the restoration of water9 ways and the development of multiuse greenway cor10 ridors.

11 SEC. 3. WORKS OF IMPROVEMENT DEFINED.

12 The second paragraph of section 2 of the Watershed

13 Protection and Flood Prevention Act (16 U.S.C. 1002; re14 lating to works of improvement) is amended by striking

15 the following: ‘‘Each project must contain benefits directly

16 related to agriculture, including rural communities, that

17 account for at least 20 percent of the total benefits of the

18 project.’’.

19 SEC. 4. WATERWAYS RESTORATION PROGRAM.

20 The Watershed Protection and Flood Prevention Act

21 (16 U.S.C. 1001–1008; 1010) is amended by adding at

22 the end the following:

23 ‘‘SEC. 14. WATERWAYS RESTORATION PROGRAM.

24 ‘‘(a) ESTABLISHMENT.—The Secretary, acting

25 through the Chief of the Natural Resources Conservation
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1 Service, shall establish and implement a Waterways Res2 toration Program in accordance with the requirements of

3 this section. Under the program, the Secretary shall pro4 vide technical assistance and grants, on a competitive

5 basis, to eligible entities to assist such entities in carrying

6 out waterway restoration projects.

7 ‘‘(b) PROJECT ELIGIBILITY.—

8 ‘‘(1) PROJECT OBJECTIVES.—A project shall be

9 eligible for assistance under the program if the

10 project is designed to achieve ecological restoration

11 or protection and 1 or more of the following objec12 tives:

13 ‘‘(A) Flood damage reduction.

14 ‘‘(B) Erosion control.

15 ‘‘(C) Stormwater management.

16 ‘‘(D) Water quality enhancement.

17 ‘‘(2) LOCATION OF PROJECTS.—A project may

18 be carried out under the program on Federal lands

19 or on State or private lands in any case in which the

20 State or the private land owner is a sponsor or co21 sponsor of the project.

22 ‘‘(3) PROJECT DESCRIPTIONS.—Projects eligible

23 for assistance under the program shall include

24 projects for any of the following purposes:
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1 ‘‘(A) Restoration and monitoring of de2 graded waterways, including revegetation, res3 toration of biological communities, and changes

4 in land management practices.

5 ‘‘(B) Restoration or establishment of wet6 land and riparian environments as part of a

7 multiobjective stormwater management system

8 in which the restored or established areas pro9 vide stormwater storage, detention, and reten10 tion; nutrient filtering; wildlife habitat; and in11 creased biological diversity.

12 ‘‘(C) Reduction of runoff.

13 ‘‘(D) Stream bank restoration using the

14 principles of biotechnical slope stabilization.

15 ‘‘(E) Establishment and acquisition of

16 multiobjective floodplain riparian and adjacent

17 floodprone lands, including greenways, for sedi18 ment storage, floodwater storage and convey19 ance, wildlife habitat, and recreation.

20 ‘‘(F) Removal of culverts and storm drains

21 to reestablish natural ecological conditions and

22 reduce flood damages.

23 ‘‘(G) Organization of local watershed coun24 cils in conjunction with the implementation of
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1 on-the-ground action education or restoration

2 projects.

3 ‘‘(H) Training of participants, including

4 youth conservation and service corps program

5 participants, in restoration techniques in con6 junction with the implementation of on-the7 ground action education or restoration projects.

8 ‘‘(I) Development of waterway restoration

9 or watershed plans which are intended for use

10 within the grant agreement period to implement

11 specific restoration projects.

12 ‘‘(J) Restoration of any stream channel to

13 reestablish a meandering, bankfull flow channel,

14 riparian vegetation, and floodplain in order—

15 ‘‘(i) to restore the functions and dy16 namics of a natural stream system to a

17 previously channelized waterway so that

18 channel dimensions and floodplain zones

19 are appropriately sized to the watershed

20 and its slope, bankfull discharges, and

21 sediment sizes and transport rates; or

22 ‘‘(ii) to convey larger flood flows as an

23 alternative to a channelization project.

24 ‘‘(K) Release of reservoir flows to restore

25 riparian and instream habitat.
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1 ‘‘(L) Watershed or wetland projects that

2 have undergone planning pursuant to other

3 Federal, State, tribal, or local programs and

4 laws and have received necessary environmental

5 review and permits.

6 ‘‘(M) Early action projects which a water7 shed council wants to implement prior to the

8 completion of its required final consensus wa9 tershed plan, if the project is determined to

10 meet the council’s watershed management ob11 jectives and is useful in fostering citizen in12 volvement in the planning process.

13 ‘‘(4) PRIORITY PROJECTS.—Projects which have

14 the following attributes shall be given priority by

15 interdisciplinary teams established under this section

16 in determining funding priorities:

17 ‘‘(A) Projects located in or directly benefit18 ing low-income or economically depressed areas

19 adversely impacted by poor watershed manage20 ment.

21 ‘‘(B) Projects that will restore or create

22 businesses or occupations in the project area,

23 including development of public access opportu24 nities for waterfront greenways.
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1 ‘‘(C) Projects providing opportunities for

2 participants in Federal, State, tribal, and local

3 youth conservation and service corps and pro4 vide training in waterway restoration, monitor5 ing, and inventory work.

6 ‘‘(D) Projects serving communities com7 posed of minorities or Native Americans, in8 cluding the development of outreach programs

9 to facilitate the participation by such groups in

10 the program.

11 ‘‘(E) Projects identified as regional prior12 ities that have been planned within a regional

13 context and coordinated with Federal, State,

14 tribal, and local agencies.

15 ‘‘(F) Projects that will restore wildlife or

16 fisheries of commercial, recreational, subsist17 ence, or scientific concern.

18 ‘‘(G) Projects training and employing fish19 ers and other resource harvesters whose liveli20 hoods have been adversely impacted by habitat

21 degradation.

22 ‘‘(H) Projects providing significant im23 provements in ecological values and functions in

24 the project area.
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1 ‘‘(I) Projects previously approved under

2 this Act which meet or are redesigned to meet

3 the requirements of this section.

4 ‘‘(5) COST-BENEFIT ANALYSIS.—A project shall

5 be eligible for assistance under the program if an

6 interdisciplinary team established under this section

7 determines that the local social, economic, ecological,

8 and community benefits of the project based on local

9 needs, problems, and conditions equal or exceed the

10 financial and social costs of the project.

11 ‘‘(6) FLOOD DAMAGE REDUCTION.—Projects for

12 which one of the purposes is to reduce flood dam13 ages shall be designed for the level of risk selected

14 by the local cosponsors and sponsors to best meet

15 their needs for reducing flood risks, their ability to

16 pay project costs, and community objectives to pro17 tect or restore environmental quality.

18 ‘‘(7) INELIGIBLE PROJECTS.—Projects involv19 ing channelization, stream bank stabilization using

20 methods other than biotechnical slope protection

21 methods, construction of reservoirs, or structures

22 shall not be eligible for assistance under the pro23 gram unless they are necessary for the reestablish24 ment of the structure, function, and diversity of the

25 native ecosystem.
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1 ‘‘(c) PROGRAM ADMINISTRATION.—

2 ‘‘(1) DESIGNATION OF PROGRAM ADMINISTRA3 TORS.—The Secretary shall designate a program ad4 ministrator for each State who shall be responsible

5 for administering the program in the State. Except

6 as provided by paragraph (2), the Secretary shall

7 designate the State Conservationist of the Natural

8 Resources Conservation Service of a State as the

9 program administrator of the State.

10 ‘‘(2) APPROVAL OF STATE AGENCIES.—

11 ‘‘(A) IN GENERAL.—A State may submit

12 to the Secretary an application for designation

13 of a State agency to serve as the program ad14 ministrator of the State.

15 ‘‘(B) CRITERIA.—The Secretary shall ap16 prove an application of a State submitted under

17 subparagraph (A) if the application meets the

18 following criteria:

19 ‘‘(i) Demonstration of the ability of

20 the State agency to solicit, select, and fund

21 projects within a 1-year grant administra22 tion cycle.

23 ‘‘(ii) Demonstration of the responsive24 ness of the State agency to the administra25 tive needs and limitations of small non-
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1 profit organizations and low income or mi2 nority communities.

3 ‘‘(iii) Demonstration of the success of

4 the State agency in implementing State or

5 local programs with objectives similar to

6 the objectives of this section.

7 ‘‘(iv) Demonstration of the ability of

8 the State agency to jointly plan and imple9 ment with Indian Tribes programs with

10 objectives similar to this section.

11 ‘‘(C) REDESIGNATION.—Whenever the Sec12 retary determines, after a public hearing, that

13 a State agency with an approved application

14 under this paragraph no longer meets the cri15 teria set forth in subparagraph (B), the Sec16 retary shall so notify the State and, if appro17 priate corrective action has not been taken

18 within a reasonable time, withdraw the designa19 tion of the State agency as the program admin20 istrator of the State and designate the State

21 Conservationist of the Natural Resources Con22 servation Service of the State as the program

23 administrator of the State.

24 ‘‘(3) TECHNICAL ASSISTANCE.—The State Con25 servationist of a State shall continue to carry out
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1 the technical assistance portion of the program in

2 the State even if the State receives approval of an

3 application submitted under subparagraph (A).

4 ‘‘(d) GRANT APPLICATION CYCLE.—

5 ‘‘(1) IN GENERAL.—Grants under the program

6 shall be awarded on an annual basis.

7 ‘‘(2) GRANT AGREEMENTS.—The program ad8 ministrator of a State may enter into a grant agree9 ment with an eligible entity to permit the entity to

10 phase-in a project under the program for a period of

11 not to exceed 3 years; except that any such project

12 shall remain subject to reevaluation each year as

13 part of the annual funding cycle.

14 ‘‘(e) SELECTION OF PROJECTS.—

15 ‘‘(1) APPLICATIONS.—In order to receive assist16 ance to carry out a project under the program in a

17 State, an eligible entity shall submit to the program

18 administrator of the State an application which is in

19 such form and contains such information as the Sec20 retary may by regulation require.

21 ‘‘(2) REVIEW OF APPLICATIONS BY INTER22 DISCIPLINARY TEAMS.—

23 ‘‘(A) TRANSMITTAL.—Each application for

24 assistance under the program received by the

25 program administrator of a State shall be
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1 transmitted to the interdisciplinary team of the

2 State established pursuant to this section.

3 ‘‘(B) REVIEW.—On an annual basis, the

4 interdisciplinary team of each State shall—

5 ‘‘(i) review applications transmitted to

6 the team pursuant to subparagraph (A);

7 ‘‘(ii) determine the eligibility of pro8 posed projects for funding under the

9 program;

10 ‘‘(iii) make recommendations concern11 ing funding priorities for such eligible

12 projects; and

13 ‘‘(iv) transmit its findings and rec14 ommendations to the program adminis15 trator of the State.

16 ‘‘(C) PROJECT OPPOSITION BY CERTAIN

17 REPRESENTATIVES.—If 2 or more of the mem18 bers of an interdisciplinary team of a State ap19 pointed pursuant to clause (vii) or (viii) of sub20 section (f)(2)(A) or clause (ii), (iii), or (iv) of

21 subsection (f)(2)(B) are opposed to a project

22 which is supported by a majority of the mem23 bers of the interdisciplinary team, a determina24 tion on whether the project may receive assist25 ance under the program shall be made by the
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1 Chief of the Natural Resources Conservation

2 Service. In making a determination under this

3 subparagraph, the Chief shall consult with the

4 Administrator of the Environmental Protection

5 Agency, the Director of the Fish and Wildlife

6 Service, and, in coastal areas, the Assistant Ad7 ministrator of the National Marine Fisheries

8 Service. The Secretary shall conduct such mon9 itoring activities as are necessary to ensure the

10 success and effectiveness of project determina11 tions made pursuant to this subparagraph.

12 ‘‘(3) FINAL SELECTION.—The final determina13 tion on whether to provide assistance for a project

14 under the program shall be made by the program

15 administrator of the State and shall be based on the

16 recommendations of the interdisciplinary team of the

17 State transmitted pursuant to paragraph (2)(B).

18 ‘‘(f) APPOINTMENT OF INTERDISCIPLINARY

19 TEAMS.—

20 ‘‘(1) IN GENERAL.—There shall be established

21 in each State an interdisciplinary team of specialists

22 to assist in reviewing project applications submitted

23 under the program.
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1 ‘‘(2) APPOINTMENT.—The interdisciplinary

2 team of a State shall be composed of the following

3 members:

4 ‘‘(A) APPOINTEES OF THE PROGRAM AD5 MINISTRATOR.—Individuals to be appointed on

6 an annual basis by the program administrator

7 of the State, including at least 1 representative

8 of each of the following specialties:

9 ‘‘(i) Hydrologists.

10 ‘‘(ii) Plant ecologists.

11 ‘‘(iii) Aquatic biologists.

12 ‘‘(iv) Biotechnical slope protection

13 experts.

14 ‘‘(v) Landscape architect or planners.

15 ‘‘(vi) Members of the agricultural

16 community.

17 ‘‘(vii) Representatives of the fish and

18 wildlife agency of the State.

19 ‘‘(viii) Representatives of the soil and

20 water conservation agency of the State.

21 ‘‘(B) REPRESENTATIVES OF FEDERAL

22 AGENCIES.—One representative of each of the

23 following Federal agencies to be appointed on

24 an annual basis by the appropriate regional or

25 State director of the agency:
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1 ‘‘(i) The Natural Resources Conserva2 tion Service.

3 ‘‘(ii) The Environmental Protection

4 Agency.

5 ‘‘(iii) The National Marine Fishery

6 Service (in coastal States).

7 ‘‘(iv) The United States Fish and

8 Wildlife Service.

9 ‘‘(v) The Corps of Engineers.

10 ‘‘(3) AFFILIATION OF MEMBERS.—Members ap11 pointed pursuant to paragraph (2)(A) may be em12 ployees of Federal, State, tribal, or local agencies or

13 non-profit organizations.

14 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—

15 The requirements of sections 9, 10(a)(2), and 14 of

16 the Federal Advisory Committee Act shall not apply

17 to an interdisciplinary team established under this

18 subsection.

19 ‘‘(5) NOTICE.—An interdisciplinary team shall

20 provide adequate public notice before conducting any

21 meeting under this section, including notification in

22 the official State journal.

23 ‘‘(g) CONDITIONS FOR RECEIVING ASSISTANCE.—

24 ‘‘(1) PROJECT SPONSORS AND COSPONSORS.—
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1 ‘‘(A) REQUIREMENT.—In order to be eligi2 ble for assistance under the program, a project

3 shall have as project participants both a citizens

4 organization and a State, regional, tribal, or

5 local governing body, agency, or district.

6 ‘‘(B) PROJECT SPONSOR.—One of the

7 project participants described in subparagraph

8 (A) shall be designated as the project sponsor.

9 The project sponsor shall act as the principal

10 party making the grant application and have

11 the primary responsibility for executing the

12 grant agreement, submitting invoices, and re13 ceiving reimbursements.

14 ‘‘(C) PROJECT COSPONSOR.—The other

15 project participant described in subparagraph

16 (A) shall be designated as the project cospon17 sor. The project cosponsor shall, jointly with

18 the project sponsor, support and actively par19 ticipate in the project. There may be more than

20 1 cosponsor for any project.

21 ‘‘(2) USE OF GRANT FUNDS.—Grant funds

22 made available under the program shall not supplant

23 other available funds for waterway restoration

24 projects, including developer fees, mitigation, or

25 compensation required as a permit condition or as a
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1 result of a violation of the Federal Water Pollution

2 Control Act or any other law.

3 ‘‘(3) MAINTENANCE REQUIREMENT.—At least 1

4 project sponsor or cosponsor shall be designated as

5 responsible for on-going maintenance of the project.

6 ‘‘(h) NON-FEDERAL SHARE.—

7 ‘‘(1) IN GENERAL.—Except as provided by

8 paragraph (2), the non-Federal share of the cost of

9 a project under this section, including structural and

10 non-structural features, shall be 25 percent.

11 ‘‘(2) ECONOMICALLY DEPRESSED COMMU12 NITIES.—The Secretary may waive all or part of the

13 non-Federal share of the cost of any project that is

14 to be carried out under the program in an economi15 cally depressed community.

16 ‘‘(3) IN-KIND CONTRIBUTIONS.—Non-Federal

17 interests may meet any portion of the non-Federal

18 share of the cost of a project under this section

19 through in-kind contributions, including contribu20 tions of labor, involvement of youth service and con21 servation corps program participants, materials,

22 equipment, consulting services, and land.

23 ‘‘(4) REGULATIONS.—Not later than 1 year

24 after the date of the enactment of this section, the
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1 Secretary shall issue regulations to establish proce2 dures for granting waivers under paragraph (2).

3 ‘‘(i) LIMITATIONS ON COSTS OF ADMINISTRATION

4 AND TECHNICAL ASSISTANCE.—Of the total amount made

5 available in any fiscal year to carry out this section—

6 ‘‘(1) not to exceed 15 percent may be used for

7 administrative expenses; and

8 ‘‘(2) not to exceed 25 percent may be used for

9 providing technical assistance.

10 ‘‘(j) CONSULTATION WITH FEDERAL AGENCIES.—In

11 establishing and carrying out the program under this sec12 tion, the Secretary shall consult with the heads of appro13 priate Federal departments and agencies, including the

14 Administrator of the Environmental Protection Agency,

15 the Assistant Secretary of the Army for Civil Works, the

16 Director of the United States Fish and Wildlife Service,

17 the Commissioner of the Bureau of Reclamation, the Di18 rector of the Geological Survey, the Chief of the Forest

19 Service, the Assistant Administrator for the National Ma20 rine Fishery Service, and the Director of the National

21 Park Service.

22 ‘‘(k) CITIZENS OVERSIGHT COMMITTEE.—

23 ‘‘(1) ESTABLISHMENT.—The Governor of each

24 State shall establish a citizens oversight committee

25 to evaluate management of the program in the
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1 State. The membership of a citizens oversight com2 mittee shall represent a diversity of regions, cul3 tures, and watershed management interests.

4 ‘‘(2) COMPONENTS TO BE EVALUATED.—Pro5 gram components to be evaluated by a citizens over6 sight committee established under paragraph (1) are

7 as follows:

8 ‘‘(A) Program outreach, accessibility, and

9 service to low income and minority ethnic com10 munities and displaced resource harvesters.

11 ‘‘(B) The manageability of grant applica12 tion procedures, contracting transactions, and

13 invoicing for disbursement for small nonprofit

14 organizations.

15 ‘‘(C) The success of the program in sup16 porting the range of the program objectives, in17 cluding evaluation of the environmental impacts

18 of the program as implemented.

19 ‘‘(D) The number of jobs created for iden20 tified target groups.

21 ‘‘(E) The diversity of job skills fostered for

22 long-term watershed related employment.

23 ‘‘(F) The extent of involvement of youth

24 conservation and service corps programs.
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1 ‘‘(3) ANNUAL REPORT.—The program adminis2 trator of each State shall issue an annual report

3 summarizing the program evaluation under para4 graph (1). Such report shall be signed by each mem5 ber of the citizens oversight committee of the State

6 and shall be submitted to the Secretary.

7 ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.—

8 The requirements of sections 9, 10(a)(2), 10(e),

9 10(f), and 14 of the Federal Advisory Committee

10 Act shall not apply to a citizens oversight committee

11 established under this subsection.

12 ‘‘(5) NOTICE.—A citizens oversight committee

13 shall provide adequate public notice before conduct14 ing any meeting under this section, including notifi15 cation in the official State journal.

16 ‘‘(l) DEFINITIONS.—For the purposes of this section,

17 the following definitions apply:

18 ‘‘(1) BIOTECHNICAL SLOPE PROTECTION.—The

19 term ‘biotechnical slope protection’ means the use of

20 live and dead plant material, alone or in conjunction

21 with inert materials, to repair and fortify watershed

22 slopes, roadcuts, stream banks, and other sites vul23 nerable to excessive erosion, using such systems as

24 brush piling, brush layering, brush matting, fascines,
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1 joint plantings, live stakes, seeding, stem cuttings,

2 and pole cuttings.

3 ‘‘(2) CHANNELIZATION.—The term ‘channeliza4 tion’ means removing the meanders and vegetation

5 from rivers and streams for purposes of accelerating

6 storm flow velocities, filling habitat to accommodate

7 land development and existing structures, and sta8 bilizing banks with concrete or riprap.

9 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means—

11 ‘‘(A) any tribal or local government, flood

12 control district, water district, conservation dis13 trict (as defined by section 1201(a)(2) of the

14 Food Security Act of 1985 (16 U.S.C.

15 3801(a)(2)), agricultural extension 4–H pro16 gram, nonprofit organization, or watershed

17 council; and

18 ‘‘(B) any unincorporated neighborhood or19 ganization, watershed council, or small citizen

20 nongovernmental or nonprofessional organiza21 tion for which an incorporated nonprofit organi22 zation acts as a fiscal agent.

23 ‘‘(4) FISCAL AGENT.—The term ‘fiscal agent’

24 means an incorporated nonprofit organization that—
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1 ‘‘(A) acts as a legal entity which can ac2 cept government or private funds and pass

3 them onto an unincorporated community, cul4 tural, or neighborhood organization; and

5 ‘‘(B) has entered into a written agreement

6 with such an unincorporated organization that

7 specifies the funding, program, and working ar8 rangements for carrying out a project under the

9 program.

10 ‘‘(5) GREENWAY.—The term ‘greenway’ means

11 floodplain, floodprone, or project rights-of-way which

12 provide flood risk reduction, floodwater conveyance,

13 fish and wildlife habitat, and ecological benefits, and

14 which may provide public access, including water15 fronts.

16 ‘‘(6) NONPROFIT ORGANIZATION.—The term

17 ‘nonprofit organization’ means any organization with

18 tax exempt status under section 501(c)(3) of the In19 ternal Revenue Code of 1986.

20 ‘‘(7) PROGRAM.—The term ‘program’ means

21 the Waterways Restoration Program established by

22 the Secretary under subsection (a).

23 ‘‘(8) SECRETARY.—The term ‘Secretary’ means

24 the Secretary of Agriculture acting through the
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1 Chief of the Natural Resources Conservation

2 Service.

3 ‘‘(9) STRUCTURE.—The term ‘structure’ means

4 physical project components used to restore native

5 ecosystems, including rock, wood cribwalls, geotextile

6 nettings, geogrids, dirt-filled gabions, weirs, gully

7 check dams, jacks, groins, and fences.

8 ‘‘(10) WATERSHED COUNCIL.—The term ‘wa9 tershed council’ means a representative group of

10 local watershed residents (including the private, pub11 lic, government, and nonprofit sectors) organized to

12 develop and implement a consensus watershed res13 toration plan that includes restoration, acquisition,

14 and other activities.

15 ‘‘(11) WATERWAY.—The term ‘waterway’

16 means any natural, degraded, seasonal, or created

17 wetland on private or public lands, including rivers,

18 streams, riparian areas, marshes, ponds, bogs,

19 mudflats, lakes, and estuaries. Such term includes

20 any natural or humanmade watercourse on public or

21 private lands which is culverted, channelized, or

22 vegetatively cleared, including canals, irrigation

23 ditches, drainage ways, and navigation, industrial,

24 flood control, and water supply channels.
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1 ‘‘(12) YOUTH CONSERVATION AND SERVICE

2 CORPS.—The term ‘youth conservation and service

3 corps program’ means a full-time, year-round youth

4 corps program or a full-time summer youth corps

5 program described in section 122(a)(2) of the Na6 tional and Community Service Act of 1990 (42

7 U.S.C. 12572(a)(2)).

8 ‘‘(m) FUNDING.—

9 ‘‘(1) FUNDING PRIORITY.—The Secretary shall

10 give a priority to waterways restoration projects

11 under this section in making funding decisions under

12 this Act.

13 ‘‘(2) TRANSFERRED FUNDS.—The Secretary

14 may accept transfers of funds from other Federal

15 departments and agencies in order to carry out the

16 objectives of this section.

17 ‘‘(3) APPLICABILITY OF REQUIREMENTS.—

18 Funds made available to carry out this section, and

19 financial assistance provided with such funds, shall

20 not be subject to any requirements of this Act other

21 than the requirements of this section.’’.

Æ

HR 1331 IH——2