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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4213 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4213

  To amend the Land and Water Conservation Fund Act to authorize the 
 Secretary of the Interior to establish a national registry of rivers 
  and watersheds to be protected and restored, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 1994

  Mr. Richardson (for himself, Ms. Furse, Mr. Wynn, Mr. Kopetski, Mr. 
DeFazio, Ms. Norton, Mr. Kildee, Mr. Olver, Mr. Rose, and Mr. Hamburg) 
   introduced the following bill; which was referred jointly to the 
  Committees on Natural Resources, Merchant Marine and Fisheries, and 
                              Agriculture

_______________________________________________________________________

                                 A BILL

 
  To amend the Land and Water Conservation Fund Act to authorize the 
 Secretary of the Interior to establish a national registry of rivers 
  and watersheds to be protected and restored, 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 ``River and Watershed Protection and 
Restoration Act of 1994''.

SEC. 2. AMENDMENT OF LAND AND WATER CONSERVATION FUND ACT OF 1965.

    The Land and Water Conservation Fund Act of 1965 is amended by 
adding the following at the end thereof:

``TITLE III--RIVER AND WATERSHED PROTECTION

``Sec. 301. Findings and purposes.
``Sec. 302. National river and watershed registry.
``Sec. 303. Nominations for inclusion.
``Sec. 304. Inclusion on registry.
``Sec. 305. Watershed councils.
``Sec. 306. Federal and State agencies.
``Sec. 307. Watershed protection and restoration standards and 
                            assistance.
``Sec. 308. Additional incentives.
``Sec. 309. Authorization of appropriations.
``Sec. 310. Definitions.

``SEC. 301. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds that--
            ``(1) the biological integrity of river ecosystems is 
        important to maintain biodiversity and the economic vitality of 
        communities located in watersheds through which rivers flow, as 
        well as the health and welfare of the American people;
            ``(2) the degradation of America's riverine ecosystems and 
        the loss of riverine biodiversity have reached alarming levels, 
        affecting all rivers in the United States, from the smallest 
        streams to the largest rivers, such that entire hydrologic 
        systems and all forms of riverine and riparian biodiversity are 
        at risk; and
            ``(3) current Federal policies are fragmented, ineffective, 
        and inadequate to address the decline of riverine and riparian 
        ecosystems and to stem the continued degradation of riverine 
        biodiversity because--
                    ``(A) there is no overall national goal to protect 
                and restore riverine systems and biodiversity; and
                    ``(B) there is inadequate coordination among 
                various Federal and State programs (including Federal 
                programs providing financial and technical assistance) 
                affecting river systems and watershed management.
    ``(b) Purposes.--The purpose of this title is to establish national 
policies and mechanisms to--
            ``(1) protect the remaining relatively undisturbed 
        watershed, riparian ecosystems, flood plains, refuges for 
        riverine biodiversity, and the network of small areas with 
        greater concentrations of biological diversity (`hot spots') 
        found throughout river systems;
            ``(2) restore disturbed watersheds, headwaters areas, key 
        ecosystem areas and biological and ecological `hot spots' to 
        provide better management between them, and then ultimately 
        linking and expanding the restored areas; and
            ``(3) involve the active participation of local communities 
        and citizens in developing and implementing strategies to 
        protect and restore all watersheds and in identifying new 
        opportunities for economic revitalization which will sustain 
        both the ecological health of the watersheds and the economic 
        viability of affected communities.

``SEC. 302. NATIONAL RIVER AND WATERSHED REGISTRY.

    ``(a) Establishment.--The Secretary is authorized and directed to 
establish and maintain a National River and Watershed Registry to be 
comprised of rivers and associated watershed areas, the natural, 
scenic, cultural, or recreational values of which are to be protected 
or restored, as provided in this title.
    ``(b) Criteria for Inclusion.--Within 180 days after the enactment 
of this title, the Secretary shall promulgate rules establishing 
criteria for the inclusion of rivers and associated watershed areas on 
the national registry. Such criteria shall include (but not be limited 
to) requirements that a river or associated watershed area may be 
included on the National Registry only if--
            ``(1) a designated State agency or an Indian tribe has 
        submitted a petition for nomination to the Secretary;
            ``(2) the petition contains a strategy to be undertaken by 
        the designated State agency, the Indian tribe or the entity 
        referred to in section 303(a)(3) which submitted the nomination 
        to the designated State agency;
            ``(3) the strategy specifies techniques and methods 
        contributing to the protection and restoration of riverine and 
        riparian resources within the watershed area concerned; and
            ``(4) the Secretary determines that the strategy is 
        consistent with the standards published under section 307 and 
        that nominating entity or entities have the ability or 
        authority to implement such strategy.

``SEC. 303. NOMINATIONS FOR INCLUSION.

    ``(a) Submission of Nomination.--
            ``(1) State agencies.--A nomination for the inclusion of 
        any river and associated watershed area on the national 
        registry may be submitted to the Secretary by the designated 
        State agency for the State in which such river and associated 
        watershed area is located if that agency has authority or 
        ability to implement a strategy contributing to the protection 
        and restoration of riverine and riparian resources within the 
        watershed area concerned, consistent with the standards 
        published under section 307. The nomination shall be submitted 
        only after the designated State agency has provided public 
        notice and an opportunity of at least 60 days for public 
        comment.
            ``(2) Indian tribes.-- Whenever a designated State agency 
        submits a nomination under paragraph (1), the agency shall 
        notify the governing body of any Indian tribe with jurisdiction 
        over any Indian lands in which such river and associated 
        watershed area is located and provide an opportunity for such 
        governing body to comment. The governing body of an Indian 
        tribe with jurisdiction over Indian lands in which such river 
        and associated watershed area is located may also directly 
        submit to the Secretary a nomination for inclusion of such 
        river and associated watershed area if that tribe has authority 
        or ability to implement a strategy contributing to the 
        protection and restoration of riverine and riparian resources 
        within the watershed area concerned, consistent with the 
        standards published under section 307.
            ``(3) Other entities.--A designated State agency shall also 
        submit to the Secretary, within 90 days after receipt thereof 
        (including a period of at least 60 days for public comment), a 
        nomination which is transmitted to the State agency by any of 
        the following entities which has authority or ability to 
        implement a strategy contributing to the protection and 
        restoration of riverine and riparian resources within the 
        watershed area concerned, consistent with the standards 
        published under section 307:
                    ``(A) Another State agency within the State in 
                which the river and associated watershed area is 
                located.
                    ``(B) A local government agency or a combination of 
                local governments or a combination of State and local 
                government agencies having jurisdiction over the river 
                and associated watershed area covered by the 
                nomination.
                    ``(C) One or more owners of lands within the 
                associated watershed area covered by the nomination.
                    ``(D) A watershed council, watershed task force, or 
                other similar group or organization concerned with 
                river or watershed management.
                    ``(E) A citizens group or nonprofit organization 
                with membership residing in the watershed area covered 
                by the nomination.
Where a river or associated watershed area is located in more than one 
State, the nomination shall be submitted by the designated State 
agencies of all such States.
    ``(b) State Agency Review.--The designated State agency submitting 
a nomination received from another entity under subsection (a)(3) shall 
include in its submission of such nomination to the Secretary the 
agency's comments and recommendations with respect to such nomination, 
including any comments by the State agency regarding the compliance or 
noncompliance of the application with the requirements of this section 
and any comments of the State agency regarding the extent to which the 
applicant has the ability to implement the strategy contained in the 
nomination. At least 60 days before submitting any nomination to the 
Secretary, the designated State agency shall notify each affected unit 
of local government and each affected Tribal governing body and provide 
as full public notice as practicable (as determined by such State 
agency) within the area covered by nomination. The designated State 
agency and any Indian tribe submitting a nomination shall promptly make 
a copy of each nomination, together with any supporting documents, 
available to any person making a request for such nomination or 
documents, or both.
    ``(c) Assistance.--The designated State agency may assist any 
entity referred to in subsection (a)(3) in preparing a nomination under 
this section and in ensuring that the entity making such nomination 
will have the ability or authority to implement the strategy contained 
in the nomination. The Secretary of the Interior shall assist any 
Tribal governing body in preparing a nomination under this section.
    ``(d) Contents of Nomination.--A nomination under this section 
shall include each of the following:
            ``(1) A map of the watershed within which the river and 
        associated watershed area covered by the nomination is located, 
        including a depiction on such map of the river and associated 
        watershed area.
            ``(2) Such data as may be available to the nominating 
        entity regarding the natural, biological, scenic, cultural, or 
        recreational values to be protected or restored pursuant to the 
        nomination.
            ``(3) A strategy referred to in section 302(b).
            ``(4) A statement describing the ability or authority of 
        the nominating party or parties to implement such strategy.
            ``(5) A brief description of the types of Federal, State 
        and other assistance, if any, which will be needed in order to 
        implement the strategy.
    ``(e) Modification of Registration.--Any entity entitled to 
nominate a river and associated watershed area for inclusion on the 
registry may also submit a nomination--
            ``(1) to amend the registration of any such river and 
        associated watershed area to modify the boundaries of the 
        registered river segments and associated lands within the 
        watershed concerned,
            ``(2) to modify the strategy referred to in section 
        302(b)(1), or
            ``(3) both.
Any nomination under this subsection shall be subject to the same 
requirements of this title as are applicable to original nominations.
    ``(f) Consistency Among Nominations and Strategies.--The Secretary 
shall resolve conflicts and inconsistencies between nominations, and 
between strategies in effect, for the same river and associated 
watershed area (including nominations and strategies for a single river 
or associated watershed area which is located in more than one State or 
which is located on Indian lands as well as other lands) and between 
proposed amendments to and modifications of any strategy. The Secretary 
shall resolve such conflicts and inconsistencies in such manner as will 
best contribute to the protection and restoration of the watershed 
concerned in accordance with the standards published under section 307.

``SEC. 304. INCLUSION ON REGISTRY.

    ``(a) Inclusion.--Within 90 days following the receipt of a 
completed nomination from a designated State agency or Indian tribe, 
the Secretary shall include the nominated segment on the registry 
unless the Secretary determines that the nomination does not contain 
the elements required by section 303(d) or that the criteria of section 
302 have not been met.
    ``(b) Periodic Review.--
            ``(1) In general.--Every 5 years after inclusion of a river 
        and associated watershed area within any State on the national 
        registry, the designated State agency shall review the 
        implementation of the strategy referred to in section 302(b) 
        applicable to such river and associated watershed area. Such 
        State agency shall periodically report to the Secretary on the 
        adequacy of each such strategy to protect and restore the 
        watershed concerned and on the extent to which each such 
        strategy is being implemented. Such report may include 
        recommendations for modifications to the strategy which would 
        contribute to the protection and restoration of the watershed 
        concerned in accordance with the standards published under 
        section 307.
            ``(2) Indian lands.--Paragraph (1) shall not apply in the 
        case of any portion of a river and associated watershed areas 
        located on Indian lands. Every 5 years after inclusion of such 
        a river and associated watershed area within any State on the 
        national registry, the Secretary shall review the 
        implementation of the strategy applicable to such river and 
        associated watershed area to determine its adequacy to protect 
        and restore the watershed concerned and the extent to which 
        such strategy is being implemented.
    ``(c) Removal From Registry.--If the Secretary determines, after 
notice and opportunity for comment, that the strategy for any river and 
associated watershed area requires modification in order to adequately 
protect and restore the watershed concerned or that any such strategy 
is not being implemented according to its terms, the Secretary shall 
notify the entity or entities which nominated such river and associated 
watershed area and which are responsible for implementation of the 
strategy and each affected Indian tribe. If the Secretary determines, 
within 180 days after notifying such entities, that corrective action 
has not been undertaken to modify the strategy or begin implementing 
the strategy in accordance with its terms, the Secretary shall remove 
the river and associated watershed area from the national registry and 
notify all affected agencies and Indian tribes that the provisions of 
this Act shall cease to apply to such river and associated watershed 
area. A nomination may not be submitted for inclusion of any river and 
associated watershed area which has been so removed for a period of at 
least 3 years after the date of such removal.

``SEC. 305. WATERSHED COUNCILS.

    ``(a) Application for Qualification.--Whenever any river or 
associated watershed area is proposed to be nominated for inclusion on 
the registry under this title, or after any such river or associated 
watershed area has been included on such registry, any watershed 
council, watershed task force, or other similar group or organization 
concerned with river or watershed management may apply to the Secretary 
for a determination that such group or organization is a qualified 
watershed council eligible for assistance under section 307 and section 
308. The Secretary shall act on any such application within 60 days 
after receipt thereof. If the Secretary determines that such group or 
organization meets the requirements of subsection (b), he shall publish 
notice of such determination in the Federal Register.
    ``(b) Requirements for Qualification.--A group or body referred to 
in subsection (a) and any Tribal governing body shall be deemed to be a 
qualified watershed council for any watershed if such group or body or 
Tribal governing body has the authority to coordinate the development 
and implementation of a strategy contributing to the protection and 
restoration of the watershed. In addition, in the case of a group or 
body referred to in subsection (a), such group or body may be a 
qualified watershed council only if such group or body is comprised 
of--
            ``(1) owners of lands within the watershed or corporations 
        doing business within the watershed;
            ``(2) members of citizens groups or other nonprofit 
        organizations with one or more members residing in the 
        watershed;
            ``(3) State or local government officials; or
            ``(4) any combination of the foregoing.
    ``(c) Technical and Financial Assistance.--A qualified watershed 
council may enter into agreements pursuant to which State, Tribal, or 
local government officials with jurisdiction over any activity or 
activities within the watershed will provide technical or financial 
assistance or staff personnel to the council.
    ``(d) Existing Watershed Councils.--The Secretary may, upon 
application from a watershed council, commission, task force, or other 
group or body formed to coordinate watershed planning which is in 
existence on the date of the enactment of this title, waive compliance 
with any requirement of paragraphs (1) through (4) of subsection (b) 
for that watershed council if the Secretary determines that the council 
has the authority to coordinate the development and implementation of a 
strategy contributing to the protection and restoration of the 
watershed and can otherwise carry out the purposes of this title.
    ``(e) Watershed Council Not Mandatory.--Nothing in this section 
shall be construed to require that a watershed council must be 
established for any registered watershed.

``SEC. 306. FEDERAL AND STATE AGENCIES.

    ``(a) Notice.--Before approving or authorizing any Federal or State 
or federally or State assisted undertaking that may adversely affect 
the implementation of a strategy in effect for a river and associated 
watershed area listed on the national registry, the head of any Federal 
or State department, agency, or instrumentality having direct or 
indirect jurisdiction over the undertaking shall promptly notify the 
Secretary, the designated State agency, any affected Indian tribe, the 
appropriate local governmental officials, and the public of the 
undertaking planned.
    ``(b) No Prudent and Feasible Alternative.--An approval or 
authorization referred to in subsection (a) may be issued if the 
Secretary (after consultation with such State, tribal, and local 
officials and after notice and opportunity for public comment) 
determines (1) that the undertaking is consistent with the strategy in 
effect for the river or watershed under this title, or (2) that there 
is no prudent and feasible alternative to the proposed approval or 
undertaking and all reasonable steps to mitigate the adverse effects of 
the undertaking on such strategy will be taken.
    ``(c) Exemptions.--The provisions of subsections (a) and (b) shall 
not apply to any undertaking--
            ``(1) where the head of the Federal agency proposing to 
        approve or authorize the undertaking determines that the 
        undertaking is necessary for reasons of national security,
            ``(2) in an area the President has declared to be a major 
        disaster area under the Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.),
            ``(3) involving only the repair or reconstruction of a 
        building or facility constructed before the date on which the 
        river and associated watershed area concerned were included on 
        the national registry, or
            ``(4) if the undertaking is a mandatory action required to 
        be undertaken pursuant to Federal or state law.
For purposes of paragraph (3), the terms `repair' and `reconstruction' 
do not include the moving of a building or facility to another location 
or any substantial enlargement of a building or facility.

``SEC. 307. WATERSHED PROTECTION AND RESTORATION STANDARDS AND 
              ASSISTANCE.

    ``(a) Standards for Watershed Protection and Restoration.--The 
Secretary is authorized and directed to enter into an agreement with 
the National Academy of Sciences to develop and publish standards for 
the protection and restoration of rivers and associated watershed 
areas, including the protection and restoration of riverine and 
riparian resources. The National Academy shall develop and publish such 
standards after appropriate peer review and after opportunity for 
public comment. The standards shall, at a minimum require compliance 
with all Federal, State, and Tribal environmental laws, rules, and 
regulations, including, but not limited to those relating to water 
quality and groundwater protection.
    ``(b) Technical Assistance.--The Secretary, in cooperation with 
other appropriate departments and agencies of the United States, shall 
provide technical assistance and advice to qualified watershed councils 
and to State, Tribal and local governments, individuals, and private 
nonprofit organizations--
            ``(1) engaged in the restoration and conservation of rivers 
        and associated watershed areas listed on the National River and 
        Watershed Registry, or
            ``(2) proposing to nominate a river or associated watershed 
        area, or both, for listing in accordance with section 304.
Such assistance may include technical assistance and advice in the 
identification and documentation of the natural, biological, scenic, 
cultural, or recreational values of any river and associated watershed 
area and in the preparation and implementation of a strategy for 
undertaking restoration or conservation measures. All such assistance 
shall be consistent with standards published under subsection (a). 
Except in the case of Indian tribes, such assistance shall be 
coordinated through the designated State agency.
    ``(c) Assistance from Other Agencies.--The Administrator of the 
Environmental Protection Agency and other appropriate departments and 
agencies of the United States, in consultation with the Secretary and 
in coordination with the designated State agency or affected Indian 
tribe, are also authorized to provide technical assistance described in 
subsection (b), consistent with standards published under subsection 
(a).
    ``(d) Federal Trust Responsibility for Tribal Governments.--The 
standards published under this section shall take into account the 
Federal trust responsibility to Tribal governments.

``SEC. 308. ADDITIONAL INCENTIVES.

    ``(a) State Revolving Funds for Watershed Restoration and 
Conservation.--
            ``(1) General authority.--(A) The Secretary shall make 
        capitalization grants to the States and Indian tribes under 
        this subsection to be deposited in river and watershed 
        restoration and conservation revolving funds established by the 
        State or by the Tribal governing body.
            ``(B) Amounts deposited in any such revolving fund 
        established by a State or Indian tribe, including loan 
        repayments and interest earned on such amounts, shall be used 
        by the designated State agency for that State (or by the Indian 
        tribe) only for carrying out its responsibilities and 
        authorities under other provisions of this title and for--
                    ``(i) providing grants and loans to qualified 
                watershed councils, or
                    ``(ii) with the approval of a qualified watershed 
                council, loans to other entities contributing to the 
                strategy applicable to the river and watershed under 
                this title.
        Grants and loans under this subparagraph shall be used only for 
        the purpose of carrying out projects contributing to the 
        protection or restoration of rivers and associated watershed 
        areas listed on the national registry. Not more than 20 percent 
        of the amounts in any such revolving fund may be used by the 
        designated State agency or by an Indian tribe for purposes of 
        carrying out its responsibilities and authorities under other 
        provisions of this title.
            ``(C) Each such revolving fund shall be established, 
        maintained, and credited with repayments and interest. The fund 
        balance shall be available in perpetuity for providing 
        financial assistance under this section. To the extent amounts 
        in each such fund are not required for current obligation or 
        expenditure, such amounts shall be invested by the State in 
        interest bearing obligations of the State or of the United 
        States.
            ``(D) A percentage of the total amount of grants made by 
        the Secretary under this subsection to States and Indian tribes 
        in any fiscal year shall be set aside only for allocation to 
        Indian tribes. Such percentage shall be determined by dividing 
        the total acreage of Indian lands in the United States by the 
        total acreage of lands in the United States.
            ``(2) Specific requirements.--The Secretary shall enter 
        into an agreement under this section with a State or Indian 
        tribal governing body only after the State has established to 
        the satisfaction of the Secretary that--
                    ``(A) the State or tribe will deposit all 
                capitalization grants received from the Secretary under 
                this subsection, together with all repayments and 
                interest on such grants, in a revolving fund 
                established by the State or tribe in accordance with 
                this subsection; and
                    ``(B) the State or tribe will deposit in the fund 
                from State or Tribal monies an amount equal to at least 
                10 percent of the total amount of all such 
                capitalization grants on or before the date on which 
                each grant payment is made to the State or tribe.
            ``(3) Fund administration.--(A) Each State or tribe may use 
        up to 4 percent of the monies in a revolving fund established 
        under this subsection to cover the reasonable costs of 
        administration of the assistance program under this subsection.
            ``(B) The Secretary shall promulgate such regulations as 
        may be necessary to carry out the provisions of this section, 
        including provisions to ensure that each State or tribe commits 
        and expends funds from revolving funds established under this 
        subsection in accordance with applicable laws and that the 
        State or tribe uses accounting, audit, and fiscal procedures 
        that conform to generally accepted accounting standards.
            ``(C) Each State or tribe administering a revolving fund 
        and assistance program under this subsection shall publish and 
        submit to the Secretary a report every 2 years on its 
        activities under this subsection, including the findings of the 
        most recent audit of the fund. The Secretary shall periodically 
        audit all revolving funds established under this subsection in 
        accordance with procedures established by the Comptroller 
        General.
            ``(4) Stamps.--In addition to such amounts as are made 
        available for purposes of this subsection pursuant to section 
        309, the Secretary is authorized to arrange, by contract or 
        otherwise, for the design, printing, and sale of river and 
        watershed restoration stamps. Such stamps shall be issued and 
        sold in the same manner as provided for of stamps issued under 
        the Act of March 16, 1934 (48 Stat. 452), except that such 
        stamps shall be sold for such amount as the Secretary may 
        determine and the net proceeds of all such sales shall be 
        retained by the Secretary, notwithstanding sections 3302 and 
        1511 and following title 31 of the United States Code, and 
        transferred to the revolving fund for the State in which such 
        stamps are sold. In the case of stamps sold in any State which 
        has not established a revolving fund under this subsection, the 
        Secretary shall disburse such net proceeds to other States 
        which have established such funds on a pro rata basis according 
        to the volume of stamps sold in such other States. The 
        provisions of subsections (b) and (c) of section 5 of the Act 
        of March 16, 1934 (48 Stat. 452) shall apply to the stamps 
        referred to in this section in the same manner as to stamps 
        described in that Act.
    ``(b) Priorities.--The Secretary shall establish priorities for 
providing assistance under subsection (a). A higher priority for 
assistance shall be accorded river and watershed restoration and 
conservation projects to the extent that such projects meet the 
following criteria:
            ``(1) Projects proposed to be monitored and supervised by 
        qualified watershed councils.
            ``(2) Projects for river or associated watershed areas 
        which have a high potential for restoration or conservation.
            ``(3) Projects which have widespread local support in the 
        affected communities.
            ``(4) Projects which provide significant short-- and long--
        term economic benefits, including job creation in areas with 
        chronic unemployment.
            ``(5) Projects which provide for the participation of 
        economically disadvantaged groups, including minorities and low 
        income individuals.
            ``(6) Projects which contribute to the economic 
        revitalization of communities within the watershed concerned.
            ``(7) Projects which contribute to the conversion of 
        industrial, agricultural, or range practices in the affected 
        watershed to less energy and water--intensive and more 
        ecologically sound industrial, agricultural, or range 
        practices.
            ``(8) Projects which provide for full participation by 
        Indian tribes.
    ``(c) Assistance Provided Under Certain Related Provisions of 
Law.--
            ``(1) Assistance from bor.--Whenever the Secretary of the 
        Interior, acting through the Bureau of Reclamation, provides 
        assistance to State or local agencies or to any other entities 
        for any project affecting a river or watershed, the Secretary 
        shall give a priority to assistance which will contribute to 
        the protection or restoration (in accordance with the standards 
        published under section 307) of a river or associated watershed 
        area which is listed on the national registry under this title.
            ``(2) Conservation reserve program.--In entering into 
        contracts and making payments under section 1234 of the Food 
        Security Act of 1985 (16 U.S.C. 3834), the Secretary of 
        Agriculture shall waive the 50 percent cost sharing 
        requirements of section 1234(b)(1) and (3) of that Act in the 
        case of any contract entered into with a person for the purpose 
        of carrying out any project which the Secretary of Agriculture 
        determines to contribute to the protection and restoration of a 
        river or associated watershed area listed on the national 
        registry in accordance with a strategy adopted under this title 
        for such river or associated watershed area.
            ``(3) Forestry incentives program.--In distributing funds 
        for the forestry incentives program under section 4 of the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103), 
        whenever any such funds are provided to a landowner to carrying 
        out measures specified in the strategy adopted under this title 
        for a registered river or associated watershed area, the term 
        95 percent shall be substituted for the term 75 percent in the 
        cost sharing provisions of subsection (f) of such section 4.
            ``(4) Wetlands reserve program.--In establishing priorities 
        for including lands in the Wetlands Reserve Program established 
        under subchapter C of chapter 1 of title XII of the Food 
        Security Act of 1985 (16 U.S.C. 3837 and following), the 
        Secretary of Agriculture shall, in addition to the priorities 
        listed in section 1237C(d) of such Act (16 U.S.C. 3837c(d)), 
        accord a high priority to lands within a watershed area listed 
        on the registry under this title.
            ``(5) Conservation easements.--In carrying out the program 
        authorized under section 3 of the Water Bank Act (16 U.S.C. 
        1302), the Secretary of Agriculture shall have the authority to 
        enter into agreements with landowners and operators in areas 
        referred to in such section 3 which areas are covered by a 
        protection and restoration strategy adopted under this title 
        for any river or associated watershed listed on the registry. 
        In any such case such strategy shall apply in lieu of the 
        conservation plan referred to in such section 3.
            ``(6) Agricultural credit act of 1978.--Assistance under 
        the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 
        following) shall be available for river and watershed 
        restoration projects directly affecting rivers and associated 
        watershed areas listed on the national registry under this 
        title.
            ``(7) Agricultural conservation program.--The policies and 
        purposes of the agricultural conservation program enumerated in 
        section 7 of the Soil Conservation and Domestic Allotment Act 
        (16 U.S.C. 590g(a)) shall include the protection and 
        restoration of rivers and associated watershed areas listed on 
        the national registry under this title and the Secretary of 
        Agriculture is authorized to carry out such policies and 
        purposes by providing financial assistance under that Act for 
        projects carried for the protection and restoration of such 
        rivers and associated watershed areas in accordance with the 
        standards published under section 307 of this title. In 
        formulating the national program under section 8 of the Act of 
        April 27, 1935 (16 U.S.C. 590g), and in approving farming 
        practices under subsection (d) of such section 8, the Secretary 
        of Agriculture shall take such standards published under 
        section 307 of this title into account. No farming practices 
        shall be approved under such subsection (d) directly affecting 
        a river or associated watershed area listed on the registry 
        unless such practices are determined by the Secretary of 
        Agriculture to be consistent with the strategy adopted for such 
        watershed under this title.
            ``(8) Assistance from nps.--Whenever the Secretary of the 
        Interior, acting through the National Park Service or acting 
        under section 6 of this Act, provides assistance to State or 
        local agencies or to any other entities for any project 
        affecting a river or watershed, such Secretary shall give a 
        priority to assistance which will contribute to the protection 
        or restoration (in accordance with the standards published 
        under section 307) of a river or associated watershed area 
        which is listed on the national registry under this title.

``SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated such sums as may be 
necessary to carry out this title but not more than $13,000,000 for 
fiscal year 1995 and for each succeeding fiscal year.

``SEC. 310. SAVINGS PROVISIONS.

    ``Nothing in this Act shall be construed as establishing or 
creating any Federal express or implied Federal water right. Nothing in 
this section shall be construed as affecting or intending to affect or 
in any way interfere with the laws of the respective States relating to 
the control, appropriation, use, or distribution of water used in 
irrigation or for municipal or other uses, or any vested right acquired 
therein.

``SEC. 311. DEFINITIONS

    ``As used in this title:
            ``(1) The term `associated watershed area' means, with 
        respect to any river, the riparian zone, flood plain zone, and 
        any other area within the watershed of such river.
            ``(2) The term `designated State agency' means the State 
        agency having jurisdiction over river and watershed 
        conservation and designated by the Governor to review and 
        submit nominations under this title and to monitor 
        implementation of conservation and restoration plans adopted 
        under this title.
            ``(3) The term `Indian lands' means Indian reservations, 
        public domain Indian allotments, former Indian reservations in 
        Oklahoma, land held by incorporated Native groups, regional 
        corporations, and village corporations under the provisions of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), and dependent Indian communities within the borders of 
        the United States whether within the original or subsequently 
        acquired territory thereof, and whether within or without the 
        limits of a State.
            ``(4) The term `Indian tribe' means any Indian tribe, band, 
        nation, or other organized group or community, including any 
        Alaska Native village or regional or village corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.), which is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            ``(5) The term `National Registry' means the National 
        Watershed Registry established under this title.
            ``(6) The term `qualified watershed council' means a 
        watershed council, watershed task force, or other similar group 
        or organization concerned with river or watershed management 
        which the Administration has determined to be a qualified 
        watershed council under section 305.
            ``(7) The term `restoration', when used in connection with 
        a river, means any repairing of ecological damage in order to 
        return, to the extent feasible, the river and the riverine--
        riparian ecosystem to its predisturbance condition. Such term 
        includes reconstruction of physical hydrologic and morphologic 
        conditions, chemical cleanup or adjustment, and biological 
        manipulation, including revegetation, and the reintroduction of 
        absent or currently nonviable native species.
            ``(8) The term `restoration measure' means any identifiable 
        action or sequence of actions contributing to the restoration 
        of a river.
            ``(9) The term `riparian lands' means, for any river, the 
        portion of the terrestrial ecosystem that directly affects, or 
        is directly affected by, the wetted zone adjacent to a river, 
        including ground water and wetland areas adjacent to a river.
            ``(10) The term `river' includes any stream, brook, creek, 
        or tributary of a river and any segment of a river.
            ``(11) The term `riverine and riparian resources' includes 
        the natural, biological, scenic, cultural, or recreational 
        values of the river and associated watershed area.
            ``(12) The term `Secretary' means the Secretary of the 
        Interior except as otherwise specifically provided.
            ``(13) The term `strategy' means a statement of mission and 
        objectives together with (A) an explanation of the methods to 
        be used (by the entity nominating a river and watershed area 
        for inclusion on the National Registry) to achieve such mission 
        and objectives, and (B) a timetable for undertaking action.
            ``(14) The term `watershed' means, for any river or stream, 
        the surface drainage area that contributes water to that river 
        or stream.''.

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