I

103D CONGRESS

2D SESSION H. R. 4481

To restore the Nation’s aquatic ecosystems through the voluntary cooperation

of Federal, State, tribal, and corporate and other private interests.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 1994

Mr. HAMBURG (for himself, Mr. STUDDS, Mr. EDWARDS of California, Mr.

MANTON, Mr. SANDERS, Ms. FURSE, Mr. HUGHES, Mr.

HOCHBRUECKNER, Mr. RICHARDSON, Ms. WOOLSEY, Ms. PELOSI, Mrs.

UNSOELD, Ms. ESHOO, and Mr. VENTO) introduced the following bill;

which was referred jointly to the Committees on Merchant Marine and

Fisheries and Public Works and Transportation

JULY 19, 1994

Additional sponsors: Mr. OBERSTAR, Mr. HINCHEY, and Mr. BEILENSON

A BILL

To restore the Nation’s aquatic ecosystems through the voluntary cooperation of Federal, State, tribal, and corporate and other private interests.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Aquatic

5 Ecosystem Restoration Act of 1994’’.
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1 SEC. 2. FINDINGS, PURPOSES, POLICY, AND LONG-TERM

2 GOALS.

3 (a) FINDINGS.—The Congress finds the following:

4 (1) Aquatic ecosystems, including wetlands,

5 streams, rivers, lakes, estuaries, coastal marine

6 ecosystems, and associated riparian upland habitats

7 that buffer those areas from external factors, per8 form numerous valuable environmental functions

9 which sustain environmental, social, and cultural val10 ues. They recycle nutrients, purify water, attenuate

11 floods, augment and maintain streamflow, recharge

12 ground water, act as primary producers in the food

13 chain, provide habitat for plants, fish and wildlife,

14 and other dependent species, and provide rec15 reational opportunities.

16 (2) Physical and biological integrity of aquatic

17 ecosystems is key to maintaining biodiversity and

18 to providing for human and ecological health and

19 safety.

20 (3) Degradation of the Nation’s aquatic

21 ecosystems and loss of aquatic biodiversity have

22 reached alarming levels, affecting all waters of the

23 United States, such that entire hydrologic systems

24 and natural biodiversity of all forms of aquatic and

25 riparian species are at risk.
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1 (4) Federal policy has not devoted sufficient at2 tention to the decline of aquatic and riparian

3 ecosystems.

4 (5) Projects to restore and maintain aquatic

5 ecosystems will provide both skilled and unskilled

6 jobs to all regions of the country. After these

7 ecosystems are restored, jobs dependent on these

8 ecosystems will return, including fishing, hunting,

9 recreation, resource protection and maintenance, and

10 tourism jobs, and societal costs can be minimized

11 with adequate maintenance of these ecosystems.

12 (6) A proactive approach to reverse the deg13 radation of aquatic ecosystems will reverse the de14 cline of certain aquatic habitat-dependent species

15 and reduce the likelihood that these species will be16 come so diminished as to become an impediment to

17 sustainable development activities.

18 (7) Creation of partnerships between local citi19 zens, tribal organizations, corporations, and State

20 and Federal agencies is often critical to the success

21 of aquatic ecosystem restoration activities.

22 (b) PURPOSES.—The purposes of this Act are the

23 following:
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1 (1) To provide a comprehensive and integrated

2 framework to direct long-term national aquatic eco3 system restoration activities.

4 (2) To coordinate existing Federal programs

5 and policies relating to aquatic ecosystem restoration

6 in order to provide the maximum benefit from Fed7 eral aquatic ecosystem restoration activities.

8 (3) To activate local, tribal, and State aquatic

9 ecosystem restoration initiatives by providing tech10 nical expertise and funding to such entities.

11 (4) To create a dedicated source of funds to

12 more effectively foster local, tribal, and State aquat13 ic ecosystem restoration activities.

14 (c) POLICY.—It is the policy of the United States

15 that—

16 (1) Federal, State, and local agencies, in con17 sultation and collaboration with private citizen orga18 nizations, should plan and implement aquatic eco19 system restoration projects resulting in achievement

20 of—

21 (A) the interim goals of a net restoration

22 of 10,000,000 acres of wetlands, 400,000 miles

23 of streams and rivers, and 1,000,000 acres of

24 lakes (excluding the Great Lakes) by the year

25 2010; and
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1 (B) long-term goals published by the Coun2 cil under subsection (d); and

3 (2) the Federal Government should provide

4 leadership and technical and financial assistance to

5 State and local governments, tribal organizations,

6 and other management entities, and private citizens

7 to plan, implement, monitor, and evaluate aquatic

8 ecosystem restoration to improve and protect the

9 Nation’s aquatic ecosystems.

10 (d) LONG-TERM GOALS.—The Council shall—

11 (1) monitor achievement of the interim goals

12 set forth in subsection (c)(1)(A); and

13 (2) upon determining that those interim goals

14 have been achieved, establish and publish in the

15 Federal Register long-term goals for aquatic eco16 system restoration projects planned and imple17 mented by Federal, State, and local agencies.

18 SEC. 3. NATIONAL AQUATIC ECOSYSTEM RESTORATION

19 STRATEGY.

20 (a) ESTABLISHMENT OF TASK FORCE.—

21 (1) IN GENERAL.—The President shall establish

22 a task force within 90 days after the date of the en23 actment of this Act, to develop the National Aquatic

24 Ecosystem Restoration Strategy in accordance with
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1 this section. The task force shall be known as the

2 Aquatic Ecosystem Restoration Task Force.

3 (2) COMPOSITION.—The Task Force shall be

4 composed of officials and scientists appointed by the

5 President from Federal agencies involved in aquatic

6 habitat or resource management, State agencies,

7 tribes, academic institutions, local management enti8 ties, and nongovernmental organizations.

9 (3) ADMINISTRATIVE EXPENSES.—The adminis10 trative expenses of the Task Force shall be paid on

11 a pro-rata basis by all of the Federal agencies rep12 resented on the Task Force.

13 (4) TERMINATION.—The Task Force shall ter14 minate on the later of—

15 (A) the submission of recommendations to

16 the President under section 7(a); or

17 (B) the date of publication of the Strategy

18 under subsection (b) of this section.

19 (b) STRATEGY.—

20 (1) IN GENERAL.—The Task Force shall, with21 in 2 years after the date of the enactment of this

22 Act, develop and publish in the Federal Register in

23 accordance with this Act a plan for an interagency

24 and intergovernmental process to develop, imple25 ment, monitor, and evaluate the national policy set
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1 forth in section 2(c). The plan shall be known as the

2 National Aquatic Ecosystem Restoration Strategy.

3 (2) IMPLEMENTATION.—The Director of the

4 United States Fish and Wildlife Service shall seek to

5 implement the Strategy, including by providing as6 sistance to management entities conducting aquatic

7 ecosystem restoration.

8 (3) CONTENTS.—The Strategy shall contain the

9 following:

10 (A) Guidelines for coordination of aquatic

11 ecosystem restoration projects within water12 sheds and ecoregions.

13 (B) National restoration milestones to

14 meet the national policy set forth in section

15 2(c).

16 (C) Standards for identifying the most eco17 logically sound restoration projects possible

18 through the utilization of available information.

19 To the extent possible, such standards should

20 be ecoregional.

21 (D) Measurable standards for each

22 ecoregion for monitoring the success of aquatic

23 ecosystem restoration projects.

24 (E) Guidelines for maintaining pristine

25 and successfully restored aquatic ecosystems.
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1 (F) Identification of riparian, floodplain,

2 wetlands, and other aquatic habitats that re3 tain, or could easily be restored to support, sig4 nificant indigenous fish, wildlife, and plant pop5 ulations, by coordinating existing surveys of wa6 tersheds. To the extent existing surveys are in7 adequate, the Task Force shall recommend a

8 procedure for conducting additional surveys.

9 (G) Guidelines for setting ecoregional and

10 national aquatic ecosystem restoration priorities

11 which will result in the greatest ecological re12 turn on investment.

13 (H) Mechanisms for ensuring access to

14 and sharing of information and providing tech15 nical assistance to State agencies, tribal organi16 zations, and management entities.

17 (I) Recommendations to the Congress re18 garding legislation to remove obstacles to

19 aquatic ecosystem restoration and achieve the

20 national policy set forth in section 2(c).

21 (J) Recommendations for periodic sci22 entific review of the Strategy by State, Federal,

23 and independent scientists to incorporate new

24 information, including a schedule for reviews
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1 and revisions by the Director under subsection

2 (d).

3 (K) Procedures for disseminating new in4 formation regarding aquatic ecosystem restora5 tion to management entities and State, tribal,

6 and Federal agencies involved in implementing

7 the Strategy.

8 (L) Recommendations for reorganizing

9 aquatic ecosystem restoration activities on an

10 ecoregional basis.

11 (M) Recommendations for additional Fed12 eral incentives to encourage aquatic ecosystem

13 restoration on non-Federal lands.

14 (4) CONSIDERATIONS IN DEVELOPING THE

15 STRATEGY.—In developing the Strategy, the Task

16 Force shall take into consideration—

17 (A) the national policy set forth in section

18 2(c);

19 (B) the recommendations contained in the

20 National Research Council’s 1992 report on

21 Restoration of Aquatic Ecosystem with regard

22 to the restoration of aquatic ecosystems; and

23 (C) the recommendations contained in the

24 1994 National Science Foundation’s Fresh-
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1 water Initiative with regard to the restoration

2 of aquatic ecosystems.

3 (c) SUBCOMMITTEE.—The Task Force shall establish

4 a subcommittee that shall—

5 (1) identify Federal regulatory and nonregula6 tory aquatic ecosystem restoration policies and pro7 grams that affect aquatic ecosystems,

8 (2) evaluate the roles of those policies and pro9 grams in promoting or degrading aquatic ecosystem

10 health,

11 (3) evaluate changes to current operation and

12 maintenance procedures that would restore aquatic

13 ecosystem functions,

14 (4) recommend appropriate times to reevaluate

15 those policies and programs,

16 (5) recommend mechanisms to coordinate im17 plementation of Federal policy and programs for the

18 purpose of aquatic ecosystem restoration,

19 (6) identify the portion of the national policy

20 set forth in section 2(c) that can be achieved on

21 Federal lands, and

22 (7) establish appropriate responsibilities and

23 measurable objectives for each agency involved in

24 achieving the restoration goals under section 2(c).
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1 (d) REVIEW AND REVISION OF STRATEGY.—The Di2 rector shall periodically review and revise the Strategy to

3 reflect the best available information regarding aquatic

4 ecosystems, aquatic resources restoration techniques, and

5 watershed and ecosystem management. The Director shall

6 make such reviews and revisions at least as often as is

7 recommended in the Strategy pursuant to subsection

8 (b)(3)(J).

9 (e) INTERIM FUNDING.—The Director, subject to the

10 availability of appropriations, may make grants to fund

11 appropriate aquatic ecosystem restoration projects before

12 publication of the Strategy.

13 SEC. 4. AQUATIC ECOSYSTEM RESTORATION ASSISTANCE.

14 (a) PROVISION OF ASSISTANCE.—

15 (1) IN GENERAL.—The Foundation, subject to

16 the availability of amounts deposited into the Fund,

17 shall provide financial assistance to a management

18 entity in accordance with this section for carrying

19 out each aquatic ecosystem restoration project for

20 which the Council approves that assistance in ac21 cordance with this section.

22 (2) PRIORITY.—The Foundation shall provide

23 assistance under this subsection in accordance with

24 the priorities specified by the Council under sub25 section (c)(4).
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1 (b) APPLICATION FOR ASSISTANCE.—

2 (1) APPLICATION.—A management entity seek3 ing assistance under this section for an aquatic eco4 system restoration project shall submit an applica5 tion to the Service regional office for the Service re6 gion in which the project will be carried out.

7 (2) TECHNICAL ASSISTANCE.—The Director

8 shall ensure that technical assistance is provided to

9 management entities.

10 (3) FORWARDING OF APPLICATIONS TO COUN11 CIL.—The head of a Service regional office shall for12 ward to the Council each application for assistance

13 received by that office.

14 (c) REVIEW AND APPROVAL OF PROPOSED PROJECTS

15 BY COUNCIL.—

16 (1) REVIEW AND DETERMINATIONS.—The

17 Council shall—

18 (A) review each application for assistance

19 that is forwarded by the head of a Service re20 gional office under subsection (b)(2); and

21 (B) determine whether the aquatic eco22 system restoration project proposed by the ap23 plication—

24 (i) will assist in implementing the

25 Strategy;
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1 (ii) under the criteria set forth in

2 paragraph (2), is appropriate for funding

3 under this section;

4 (iii) to the extent practicable, will re5 turn damaged or degraded aquatic

6 ecosystems to the full range of their natu7 ral functions and values;

8 (iv) does not employ management ac9 tions that favor one function, value, or spe10 cies to the detriment of, or without regard

11 for, others; and

12 (v) will fulfill the purposes of this Act.

13 (2) PROJECT SELECTION CRITERIA.—The

14 Council shall determine, under paragraph (1)(B),

15 whether a project is appropriate for funding under

16 this section based on the following criteria:

17 (A) The technical feasibility of the project.

18 (B) The cost-effectiveness of the project,

19 including minimization of future operation and

20 maintenance costs.

21 (C) The expected duration of the aquatic

22 ecosystem restoration to be carried out under

23 the project.

24 (D) The extent to which habitat to be re25 stored under the project is degraded.
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1 (E) The extent of non-Federal participa2 tion in payment of the costs of the project.

3 (F) The relationship of the project to a

4 watershed, ecosystem, or other landscape ap5 proach or plan.

6 (G) The potential benefits of the project to

7 fish and wildlife resources of special concern

8 and to the diversity of other natural functions

9 and values inherent in aquatic resources.

10 (H) The aquatic ecosystem restoration op11 portunities that the project will provide on

12 lands that are not eligible for restoration under

13 the Wetlands Reserve Program.

14 (I) The extent to which the project will in15 volve a high degree of cooperation between Fed16 eral and non-Federal entities.

17 (J) The extent to which sites at which the

18 project is conducted will pose a continuing con19 taminant threat to fish and wildlife species

20 using the sites after restoration or will require

21 chemical restoration to provide restoration of

22 beneficial uses.

23 (K) The availability of other Federal fund24 ing sources to carry out the project.
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1 (L) Whether the project will substantially

2 contribute to long-term restoration of water

3 quality.

4 (M) The extent to which the project will

5 train and employ individuals who reside in the

6 area where the project will be carried out, par7 ticularly individuals displaced from resource-de8 pendent industries.

9 (3) APPROVAL OF PROJECTS.—The Council

10 may approve assistance under this section for an

11 aquatic ecosystem restoration project if the Council

12 makes affirmative determinations under paragraph

13 (1)(B)(i), (ii), (iii), (iv), and (v).

14 (4) NOTIFICATION OF FOUNDATION.—The

15 Council shall promptly notify the Foundation of ap16 proval of assistance under this section for an aquatic

17 ecosystem restoration project, specifying the priority

18 of the project for assistance under this section rel19 ative to other projects for which the Council has ap20 proved such assistance.

21 SEC. 5. NATIONAL AQUATIC RESTORATION COUNCIL.

22 (a) ESTABLISHMENT.—There is established a council

23 to be known as the National Aquatic Restoration Council.

24 (b) MEMBERSHIP.—
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1 (1) IN GENERAL.—The Council shall consist of

2 15 members, as follows:

3 (A) 4 members, of whom one 1 shall be ap4 pointed by each of—

5 (i) the Under Secretary of Commerce

6 for Oceans and Atmosphere,

7 (ii) the Administrator of the Environ8 mental Protection Agency,

9 (iii) the Chief of the Soil Conservation

10 Service, and

11 (iv) the Secretary of the Army.

12 (B) 10 members appointed by the Direc13 tor, of whom 2 shall be appointed as represent14 atives of each of the following:

15 (i) State fish and wildlife management

16 agencies.

17 (ii) Tribal fish and wildlife manage18 ment agencies.

19 (iii) Academic scientists.

20 (iv) Local watershed councils.

21 (v) Non-governmental organizations.

22 (C) The Director.

23 (2) EXPERIENCE REQUIRED.—An individual

24 shall not be eligible for appointment as a member of
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1 the Council unless the individual has experience in

2 aquatic ecosystem restoration.

3 (3) TERMS OF MEMBERS.—The term of a mem4 ber of the Council shall be 3 years.

5 (c) CHAIRPERSON.—The Director or another member

6 of the Council designated by the Director shall be the

7 chairperson of the Council.

8 (d) MEETINGS.—

9 (1) IN GENERAL.—The Council shall meet at

10 least once each year to consider projects for approval

11 of assistance under section 4.

12 (2) QUORUM.—9 members present at a meeting

13 of the Council shall constitute a quorum.

14 (e) PAY.—An individual shall not receive any pay, al15 lowance, or benefits by reason of service as a member of

16 the Council.

17 (f) TRAVEL EXPENSES.—Each member of the Coun18 cil shall receive travel expenses, including per diem in lieu

19 of subsistence, in accordance with sections 5702 and 5703

20 of title 5, United States Code.

21 (g) COUNCIL EXEMPTED.—The Federal Advisory

22 Committee Act (5 U.S.C. App. 1) shall not apply to the

23 Council.
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1 SEC. 6. AQUATIC ECOSYSTEM RESTORATION FUND.

2 (a) ESTABLISHMENT.—There is established on the

3 books of the Treasury a separate account which shall be

4 known as the Aquatic Ecosystem Restoration Fund.

5 (b) CONTENTS.—The Fund shall consist of—

6 (1) amounts deposited into the Fund under sec7 tion 7; and

8 (2) such other amounts as may be appropriated

9 to the Fund.

10 (c) USE.—

11 (1) IN GENERAL.—Amounts in the Fund shall

12 be available to the Foundation subject to appropria13 tions, for—

14 (A) providing assistance under section 4,

15 including payment of administrative expenses

16 incurred by the Fund in providing that assist17 ance;

18 (B) reimbursing members of the Council

19 who are not officers or employees of the Fed20 eral Government for travel and transportation

21 expenses under section 5(f); and

22 (C) paying expenses of administering the

23 Fund.

24 (2) LIMITATION ON USE FOR ADMINISTRATIVE

25 EXPENSES.—Not more than 10 percent of amounts

26 deposited into the Fund each fiscal year shall be
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1 available to pay administrative expenses under para2 graph (1)(A) or (C) or reimbursement under para3 graph (1)(B) with respect to costs incurred in that

4 fiscal year.

5 SEC. 7. SOURCES OF FUNDING.

6 (a) RECOMMENDATIONS.—

7 (1) IN GENERAL.—Not later than 1 year after

8 the date of the enactment of this Act, the Task

9 Force shall submit to the President and publish in

10 the Federal Register recommendations for sources of

11 amounts for deposit into the Fund, consisting of fees

12 imposed for use or degradation of water resources.

13 (2) AMOUNT.—In identifying sources under

14 paragraph (1), the Task Force shall seek to provide

15 the Fund with such funding as may be required to

16 fulfill the purposes set forth in section 2(b).

17 (b) REVIEW BY PRESIDENT.—Not later than 60 days

18 after publication of the recommendations of the Task

19 Force under subsection (a)(1), the President shall—

20 (1) disapprove the recommendations and trans21 mit the disapproval and the reasons for the dis22 approval to the Task Force and the Congress; or

23 (2) approve the recommendations and transmit

24 to the Congress and the Secretary a copy of the rec25 ommendations and certification of that approval.
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1 (c) CONSIDERATION BY CONGRESS.—

2 (1) IN GENERAL.—If the recommendations of

3 the Task Force are approved and transmitted to the

4 Congress by the President under subsection (b)(2),

5 they shall be effective and apply as if enacted as

6 part of this Act unless disapproved by a joint resolu7 tion enacted by the Congress before the earlier of—

8 (A) the end of the 60-day period beginning

9 on the date of the transmission of certification

10 of that disapproval under that subsection; or

11 (B) an adjournment of Congress sine die

12 for the session in which the report is transmit13 ted.

14 (2) CALCULATION OF PERIODS.—For purposes

15 of paragraph (1), the days on which either House of

16 Congress is not in session because of an adjourn17 ment of more than 3 days to a day certain shall be

18 excluded in the computation of a period.

19 (d) DEPOSIT INTO FUND.—Amounts received by the

20 United States pursuant to recommendations of the Task

21 Force that are effective under subsection (c) shall be de22 posited into the Fund.

23 SEC. 8. DEFINITIONS.

24 In this Act:
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1 (1) AQUATIC ECOSYSTEM.—The term ‘‘aquatic

2 ecosystem’’ includes wetlands, streams, rivers, lakes,

3 estuaries, coastal marine ecosystems, and associated

4 riparian upland habitats that buffer those areas

5 from exterior factors.

6 (2) AQUATIC ECOSYSTEM RESTORATION.—The

7 term ‘‘aquatic ecosystem restoration’’ means return8 ing an aquatic ecosystem to a close approximation of

9 its condition prior to its disturbance by humans,

10 such that its structure and function (including

11 chemical, physical, hydrological, geomorphological,

12 and biological characteristics) are repaired, its natu13 ral dynamic processes are operating effectively

14 again, and its indigenous biota are returned to

15 predisturbance levels to the greatest extent possible.

16 (3) COUNCIL.—The term ‘‘Council’’ means the

17 National Aquatic Restoration Council established by

18 section 5(a).

19 (4) DIRECTOR.—The term ‘‘Director’’ means

20 the Director of the United States Fish and Wildlife

21 Service.

22 (5) ECOREGION.—The term ‘‘ecoregion’’ means

23 a continuous geographical area characterized by—

24 (A) the occurrence of one or more impor25 tant ecological associations that differ, at least
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1 in proportional area covered, from the associa2 tions of adjacent regions.

3 (B) distinctive flora, fauna, climate,

4 landform, soil, vegetation, and ecological climax;

5 and

6 (C) essentially similar ecological relation7 ships between plant species and soil and cli8 mate.

9 (6) FOUNDATION.—The term ‘‘Foundation’’

10 means the National Fish and Wildlife Foundation.

11 (7) FUND.—The term ‘‘Fund’’ means the

12 Aquatic Ecosystem Restoration Fund established by

13 section 6(a).

14 (8) MANAGEMENT ENTITY.—The term ‘‘man15 agement entity’’ means an agency of a State, tribal,

16 or local government, a regional planning organiza17 tion, a conservation district, or any other public, pri18 vate, or nonprofit entity which has adequate author19 ity to carry out aquatic ecosystem restoration

20 projects with assistance under this Act.

21 (9) SECRETARY.—The term ‘‘Secretary’’ means

22 the Secretary of the Interior.

23 (10) STRATEGY.—The term ‘‘Strategy’’ means

24 the National Aquatic Ecosystem Restoration Strat-
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1 egy developed and published under section 3(b)(1)

2 and revised under section 3(e).

3 (11) TASK FORCE.—The term ‘‘Task Force’’

4 means the Aquatic Ecosystem Restoration Task

5 Force established under section 3(a)(1).

6 (12) WATERSHED COUNCIL.—The term ‘‘water7 shed council’’ means a representative group of local

8 watershed residents (including private, public, gov9 ernment, corporate, and nonprofit organizations) or10 ganized to develop and implement watershed restora11 tion.

12 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

13 (a) IN GENERAL.—There is authorized to be appro14 priated to the Fund, subject to subsection (b)—

15 (1) $30,000,000 for fiscal year 1995;

16 (2) $40,000,000 for fiscal year 1996; and

17 (3) $50,000,000 for each of fiscal years 1997,

18 1998, and 1999.

19 (b) REDUCTION OF AMOUNT AUTHORIZED.—The

20 amount authorized to be appropriated to the Fund under

21 subsection (a) for a fiscal year shall be reduced by the

22 amount that will be deposited into the Fund for the fiscal

23 year under section 6(b)(1).

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