I

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.

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 ‘‘River and Watershed

5 Protection and Restoration Act of 1994’’.
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1 SEC. 2. AMENDMENT OF LAND AND WATER CONSERVATION

2 FUND ACT OF 1965.

3 The Land and Water Conservation Fund Act of 1965

4 is amended by adding the following at the end thereof:

5 ‘‘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.

6 ‘‘SEC. 301. FINDINGS AND PURPOSES.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) the biological integrity of river ecosystems

9 is important to maintain biodiversity and the eco10 nomic vitality of communities located in watersheds

11 through which rivers flow, as well as the health and

12 welfare of the American people;

13 ‘‘(2) the degradation of America’s riverine

14 ecosystems and the loss of riverine biodiversity have

15 reached alarming levels, affecting all rivers in the

16 United States, from the smallest streams to the

17 largest rivers, such that entire hydrologic systems

18 and all forms of riverine and riparian biodiversity

19 are at risk; and
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1 ‘‘(3) current Federal policies are fragmented,

2 ineffective, and inadequate to address the decline of

3 riverine and riparian ecosystems and to stem the

4 continued degradation of riverine biodiversity be5 cause—

6 ‘‘(A) there is no overall national goal to

7 protect and restore riverine systems and

8 biodiversity; and

9 ‘‘(B) there is inadequate coordination

10 among various Federal and State programs (in11 cluding Federal programs providing financial

12 and technical assistance) affecting river systems

13 and watershed management.

14 ‘‘(b) PURPOSES.—The purpose of this title is to es15 tablish national policies and mechanisms to—

16 ‘‘(1) protect the remaining relatively undis17 turbed watershed, riparian ecosystems, flood plains,

18 refuges for riverine biodiversity, and the network of

19 small areas with greater concentrations of biological

20 diversity (‘hot spots’) found throughout river sys21 tems;

22 ‘‘(2) restore disturbed watersheds, headwaters

23 areas, key ecosystem areas and biological and eco24 logical ‘hot spots’ to provide better management be-
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1 tween them, and then ultimately linking and expand2 ing the restored areas; and

3 ‘‘(3) involve the active participation of local

4 communities and citizens in developing and imple5 menting strategies to protect and restore all water6 sheds and in identifying new opportunities for eco7 nomic revitalization which will sustain both the eco8 logical health of the watersheds and the economic vi9 ability of affected communities.

10 ‘‘SEC. 302. NATIONAL RIVER AND WATERSHED REGISTRY.

11 ‘‘(a) ESTABLISHMENT.—The Secretary is authorized

12 and directed to establish and maintain a National River

13 and Watershed Registry to be comprised of rivers and as14 sociated watershed areas, the natural, scenic, cultural, or

15 recreational values of which are to be protected or re16 stored, as provided in this title.

17 ‘‘(b) CRITERIA FOR INCLUSION.—Within 180 days

18 after the enactment of this title, the Secretary shall pro19 mulgate rules establishing criteria for the inclusion of riv20 ers and associated watershed areas on the national reg21 istry. Such criteria shall include (but not be limited to)

22 requirements that a river or associated watershed area

23 may be included on the National Registry only if—
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1 ‘‘(1) a designated State agency or an Indian

2 tribe has submitted a petition for nomination to the

3 Secretary;

4 ‘‘(2) the petition contains a strategy to be un5 dertaken by the designated State agency, the Indian

6 tribe or the entity referred to in section 303(a)(3)

7 which submitted the nomination to the designated

8 State agency;

9 ‘‘(3) the strategy specifies techniques and meth10 ods contributing to the protection and restoration of

11 riverine and riparian resources within the watershed

12 area concerned; and

13 ‘‘(4) the Secretary determines that the strategy

14 is consistent with the standards published under sec15 tion 307 and that nominating entity or entities have

16 the ability or authority to implement such strategy.

17 ‘‘SEC. 303. NOMINATIONS FOR INCLUSION.

18 ‘‘(a) SUBMISSION OF NOMINATION.—

19 ‘‘(1) STATE AGENCIES.—A nomination for the

20 inclusion of any river and associated watershed area

21 on the national registry may be submitted to the

22 Secretary by the designated State agency for the

23 State in which such river and associated watershed

24 area is located if that agency has authority or ability

25 to implement a strategy contributing to the protec-
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1 tion and restoration of riverine and riparian re2 sources within the watershed area concerned, con3 sistent with the standards published under section

4 307. The nomination shall be submitted only after

5 the designated State agency has provided public no6 tice and an opportunity of at least 60 days for pub7 lic comment.

8 ‘‘(2) INDIAN TRIBES.— Whenever a designated

9 State agency submits a nomination under paragraph

10 (1), the agency shall notify the governing body of

11 any Indian tribe with jurisdiction over any Indian

12 lands in which such river and associated watershed

13 area is located and provide an opportunity for such

14 governing body to comment. The governing body of

15 an Indian tribe with jurisdiction over Indian lands in

16 which such river and associated watershed area is lo17 cated may also directly submit to the Secretary a

18 nomination for inclusion of such river and associated

19 watershed area if that tribe has authority or ability

20 to implement a strategy contributing to the protec21 tion and restoration of riverine and riparian re22 sources within the watershed area concerned, con23 sistent with the standards published under section

24 307.
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1 ‘‘(3) OTHER ENTITIES.—A designated State

2 agency shall also submit to the Secretary, within 90

3 days after receipt thereof (including a period of at

4 least 60 days for public comment), a nomination

5 which is transmitted to the State agency by any of

6 the following entities which has authority or ability

7 to implement a strategy contributing to the protec8 tion and restoration of riverine and riparian re9 sources within the watershed area concerned, con10 sistent with the standards published under section

11 307:

12 ‘‘(A) Another State agency within the

13 State in which the river and associated water14 shed area is located.

15 ‘‘(B) A local government agency or a com16 bination of local governments or a combination

17 of State and local government agencies having

18 jurisdiction over the river and associated water19 shed area covered by the nomination.

20 ‘‘(C) One or more owners of lands within

21 the associated watershed area covered by the

22 nomination.

23 ‘‘(D) A watershed council, watershed task

24 force, or other similar group or organization

25 concerned with river or watershed management.
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1 ‘‘(E) A citizens group or nonprofit organi2 zation with membership residing in the water3 shed area covered by the nomination.

4 Where a river or associated watershed area is located in

5 more than one State, the nomination shall be submitted

6 by the designated State agencies of all such States.

7 ‘‘(b) STATE AGENCY REVIEW.—The designated State

8 agency submitting a nomination received from another en9 tity under subsection (a)(3) shall include in its submission

10 of such nomination to the Secretary the agency’s com11 ments and recommendations with respect to such nomina12 tion, including any comments by the State agency regard13 ing the compliance or noncompliance of the application

14 with the requirements of this section and any comments

15 of the State agency regarding the extent to which the ap16 plicant has the ability to implement the strategy contained

17 in the nomination. At least 60 days before submitting any

18 nomination to the Secretary, the designated State agency

19 shall notify each affected unit of local government and

20 each affected Tribal governing body and provide as full

21 public notice as practicable (as determined by such State

22 agency) within the area covered by nomination. The des23 ignated State agency and any Indian tribe submitting a

24 nomination shall promptly make a copy of each nomina25 tion, together with any supporting documents, available to
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1 any person making a request for such nomination or docu2 ments, or both.

3 ‘‘(c) ASSISTANCE.—The designated State agency may

4 assist any entity referred to in subsection (a)(3) in prepar5 ing a nomination under this section and in ensuring that

6 the entity making such nomination will have the ability

7 or authority to implement the strategy contained in the

8 nomination. The Secretary of the Interior shall assist any

9 Tribal governing body in preparing a nomination under

10 this section.

11 ‘‘(d) CONTENTS OF NOMINATION.—A nomination

12 under this section shall include each of the following:

13 ‘‘(1) A map of the watershed within which the

14 river and associated watershed area covered by the

15 nomination is located, including a depiction on such

16 map of the river and associated watershed area.

17 ‘‘(2) Such data as may be available to the

18 nominating entity regarding the natural, biological,

19 scenic, cultural, or recreational values to be pro20 tected or restored pursuant to the nomination.

21 ‘‘(3) A strategy referred to in section 302(b).

22 ‘‘(4) A statement describing the ability or au23 thority of the nominating party or parties to imple24 ment such strategy.
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1 ‘‘(5) A brief description of the types of Federal,

2 State and other assistance, if any, which will be

3 needed in order to implement the strategy.

4 ‘‘(e) MODIFICATION OF REGISTRATION.—Any entity

5 entitled to nominate a river and associated watershed area

6 for inclusion on the registry may also submit a nomina7 tion—

8 ‘‘(1) to amend the registration of any such river

9 and associated watershed area to modify the bound10 aries of the registered river segments and associated

11 lands within the watershed concerned,

12 ‘‘(2) to modify the strategy referred to in sec13 tion 302(b)(1), or

14 ‘‘(3) both.

15 Any nomination under this subsection shall be subject to

16 the same requirements of this title as are applicable to

17 original nominations.

18 ‘‘(f) CONSISTENCY AMONG NOMINATIONS AND

19 STRATEGIES.—The Secretary shall resolve conflicts and

20 inconsistencies between nominations, and between strate21 gies in effect, for the same river and associated watershed

22 area (including nominations and strategies for a single

23 river or associated watershed area which is located in more

24 than one State or which is located on Indian lands as well

25 as other lands) and between proposed amendments to and
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1 modifications of any strategy. The Secretary shall resolve

2 such conflicts and inconsistencies in such manner as will

3 best contribute to the protection and restoration of the

4 watershed concerned in accordance with the standards

5 published under section 307.

6 ‘‘SEC. 304. INCLUSION ON REGISTRY.

7 ‘‘(a) INCLUSION.—Within 90 days following the re8 ceipt of a completed nomination from a designated State

9 agency or Indian tribe, the Secretary shall include the

10 nominated segment on the registry unless the Secretary

11 determines that the nomination does not contain the ele12 ments required by section 303(d) or that the criteria of

13 section 302 have not been met.

14 ‘‘(b) PERIODIC REVIEW.—

15 ‘‘(1) IN GENERAL.—Every 5 years after inclu16 sion of a river and associated watershed area within

17 any State on the national registry, the designated

18 State agency shall review the implementation of the

19 strategy referred to in section 302(b) applicable to

20 such river and associated watershed area. Such

21 State agency shall periodically report to the Sec22 retary on the adequacy of each such strategy to pro23 tect and restore the watershed concerned and on the

24 extent to which each such strategy is being imple25 mented. Such report may include recommendations
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1 for modifications to the strategy which would con2 tribute to the protection and restoration of the wa3 tershed concerned in accordance with the standards

4 published under section 307.

5 ‘‘(2) INDIAN LANDS.—Paragraph (1) shall not

6 apply in the case of any portion of a river and asso7 ciated watershed areas located on Indian lands.

8 Every 5 years after inclusion of such a river and as9 sociated watershed area within any State on the na10 tional registry, the Secretary shall review the imple11 mentation of the strategy applicable to such river

12 and associated watershed area to determine its ade13 quacy to protect and restore the watershed con14 cerned and the extent to which such strategy is

15 being implemented.

16 ‘‘(c) REMOVAL FROM REGISTRY.—If the Secretary

17 determines, after notice and opportunity for comment,

18 that the strategy for any river and associated watershed

19 area requires modification in order to adequately protect

20 and restore the watershed concerned or that any such

21 strategy is not being implemented according to its terms,

22 the Secretary shall notify the entity or entities which nom23 inated such river and associated watershed area and which

24 are responsible for implementation of the strategy and

25 each affected Indian tribe. If the Secretary determines,
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1 within 180 days after notifying such entities, that correc2 tive action has not been undertaken to modify the strategy

3 or begin implementing the strategy in accordance with its

4 terms, the Secretary shall remove the river and associated

5 watershed area from the national registry and notify all

6 affected agencies and Indian tribes that the provisions of

7 this Act shall cease to apply to such river and associated

8 watershed area. A nomination may not be submitted for

9 inclusion of any river and associated watershed area which

10 has been so removed for a period of at least 3 years after

11 the date of such removal.

12 ‘‘SEC. 305. WATERSHED COUNCILS.

13 ‘‘(a) APPLICATION FOR QUALIFICATION.—Whenever

14 any river or associated watershed area is proposed to be

15 nominated for inclusion on the registry under this title,

16 or after any such river or associated watershed area has

17 been included on such registry, any watershed council, wa18 tershed task force, or other similar group or organization

19 concerned with river or watershed management may apply

20 to the Secretary for a determination that such group or

21 organization is a qualified watershed council eligible for

22 assistance under section 307 and section 308. The Sec23 retary shall act on any such application within 60 days

24 after receipt thereof. If the Secretary determines that such

25 group or organization meets the requirements of sub-
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1 section (b), he shall publish notice of such determination

2 in the Federal Register.

3 ‘‘(b) REQUIREMENTS FOR QUALIFICATION.—A group

4 or body referred to in subsection (a) and any Tribal gov5 erning body shall be deemed to be a qualified watershed

6 council for any watershed if such group or body or Tribal

7 governing body has the authority to coordinate the devel8 opment and implementation of a strategy contributing to

9 the protection and restoration of the watershed. In addi10 tion, in the case of a group or body referred to in sub11 section (a), such group or body may be a qualified water12 shed council only if such group or body is comprised of—

13 ‘‘(1) owners of lands within the watershed or

14 corporations doing business within the watershed;

15 ‘‘(2) members of citizens groups or other non16 profit organizations with one or more members re17 siding in the watershed;

18 ‘‘(3) State or local government officials; or

19 ‘‘(4) any combination of the foregoing.

20 ‘‘(c) TECHNICAL AND FINANCIAL ASSISTANCE.—A

21 qualified watershed council may enter into agreements

22 pursuant to which State, Tribal, or local government offi23 cials with jurisdiction over any activity or activities within

24 the watershed will provide technical or financial assistance

25 or staff personnel to the council.
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1 ‘‘(d) EXISTING WATERSHED COUNCILS.—The Sec2 retary may, upon application from a watershed council,

3 commission, task force, or other group or body formed to

4 coordinate watershed planning which is in existence on the

5 date of the enactment of this title, waive compliance with

6 any requirement of paragraphs (1) through (4) of sub7 section (b) for that watershed council if the Secretary de8 termines that the council has the authority to coordinate

9 the development and implementation of a strategy contrib10 uting to the protection and restoration of the watershed

11 and can otherwise carry out the purposes of this title.

12 ‘‘(e) WATERSHED COUNCIL NOT MANDATORY.—

13 Nothing in this section shall be construed to require that

14 a watershed council must be established for any registered

15 watershed.

16 ‘‘SEC. 306. FEDERAL AND STATE AGENCIES.

17 ‘‘(a) NOTICE.—Before approving or authorizing any

18 Federal or State or federally or State assisted undertaking

19 that may adversely affect the implementation of a strategy

20 in effect for a river and associated watershed area listed

21 on the national registry, the head of any Federal or State

22 department, agency, or instrumentality having direct or

23 indirect jurisdiction over the undertaking shall promptly

24 notify the Secretary, the designated State agency, any af-
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1 fected Indian tribe, the appropriate local governmental of2 ficials, and the public of the undertaking planned.

3 ‘‘(b) NO PRUDENT AND FEASIBLE ALTERNATIVE.—

4 An approval or authorization referred to in subsection (a)

5 may be issued if the Secretary (after consultation with

6 such State, tribal, and local officials and after notice and

7 opportunity for public comment) determines (1) that the

8 undertaking is consistent with the strategy in effect for

9 the river or watershed under this title, or (2) that there

10 is no prudent and feasible alternative to the proposed ap11 proval or undertaking and all reasonable steps to mitigate

12 the adverse effects of the undertaking on such strategy

13 will be taken.

14 ‘‘(c) EXEMPTIONS.—The provisions of subsections

15 (a) and (b) shall not apply to any undertaking—

16 ‘‘(1) where the head of the Federal agency pro17 posing to approve or authorize the undertaking de18 termines that the undertaking is necessary for rea19 sons of national security,

20 ‘‘(2) in an area the President has declared to

21 be a major disaster area under the Disaster Relief

22 and Emergency Assistance Act (42 U.S.C. 5121 et

23 seq.),

24 ‘‘(3) involving only the repair or reconstruction

25 of a building or facility constructed before the date
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1 on which the river and associated watershed area

2 concerned were included on the national registry, or

3 ‘‘(4) if the undertaking is a mandatory action

4 required to be undertaken pursuant to Federal or

5 state law.

6 For purposes of paragraph (3), the terms ‘repair’ and ‘re7 construction’ do not include the moving of a building or

8 facility to another location or any substantial enlargement

9 of a building or facility.

10 ‘‘SEC. 307. WATERSHED PROTECTION AND RESTORATION

11 STANDARDS AND ASSISTANCE.

12 ‘‘(a) STANDARDS FOR WATERSHED PROTECTION

13 AND RESTORATION.—The Secretary is authorized and di14 rected to enter into an agreement with the National Acad15 emy of Sciences to develop and publish standards for the

16 protection and restoration of rivers and associated water17 shed areas, including the protection and restoration of

18 riverine and riparian resources. The National Academy

19 shall develop and publish such standards after appropriate

20 peer review and after opportunity for public comment. The

21 standards shall, at a minimum require compliance with all

22 Federal, State, and Tribal environmental laws, rules, and

23 regulations, including, but not limited to those relating to

24 water quality and groundwater protection.
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1 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary, in co2 operation with other appropriate departments and agen3 cies of the United States, shall provide technical assistance

4 and advice to qualified watershed councils and to State,

5 Tribal and local governments, individuals, and private

6 nonprofit organizations—

7 ‘‘(1) engaged in the restoration and conserva8 tion of rivers and associated watershed areas listed

9 on the National River and Watershed Registry, or

10 ‘‘(2) proposing to nominate a river or associ11 ated watershed area, or both, for listing in accord12 ance with section 304.

13 Such assistance may include technical assistance and ad14 vice in the identification and documentation of the natu15 ral, biological, scenic, cultural, or recreational values of

16 any river and associated watershed area and in the prepa17 ration and implementation of a strategy for undertaking

18 restoration or conservation measures. All such assistance

19 shall be consistent with standards published under sub20 section (a). Except in the case of Indian tribes, such as21 sistance shall be coordinated through the designated State

22 agency.

23 ‘‘(c) ASSISTANCE FROM OTHER AGENCIES.—The Ad24 ministrator of the Environmental Protection Agency and

25 other appropriate departments and agencies of the United
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1 States, in consultation with the Secretary and in coordina2 tion with the designated State agency or affected Indian

3 tribe, are also authorized to provide technical assistance

4 described in subsection (b), consistent with standards pub5 lished under subsection (a).

6 ‘‘(d) FEDERAL TRUST RESPONSIBILITY FOR TRIBAL

7 GOVERNMENTS.—The standards published under this sec8 tion shall take into account the Federal trust responsibil9 ity to Tribal governments.

10 ‘‘SEC. 308. ADDITIONAL INCENTIVES.

11 ‘‘(a) STATE REVOLVING FUNDS FOR WATERSHED

12 RESTORATION AND CONSERVATION.—

13 ‘‘(1) GENERAL AUTHORITY.—(A) The Secretary

14 shall make capitalization grants to the States and

15 Indian tribes under this subsection to be deposited

16 in river and watershed restoration and conservation

17 revolving funds established by the State or by the

18 Tribal governing body.

19 ‘‘(B) Amounts deposited in any such revolving

20 fund established by a State or Indian tribe, includ21 ing loan repayments and interest earned on such

22 amounts, shall be used by the designated State

23 agency for that State (or by the Indian tribe) only

24 for carrying out its responsibilities and authorities

25 under other provisions of this title and for—
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1 ‘‘(i) providing grants and loans to qualified

2 watershed councils, or

3 ‘‘(ii) with the approval of a qualified water4 shed council, loans to other entities contributing

5 to the strategy applicable to the river and wa6 tershed under this title.

7 Grants and loans under this subparagraph shall be

8 used only for the purpose of carrying out projects

9 contributing to the protection or restoration of rivers

10 and associated watershed areas listed on the na11 tional registry. Not more than 20 percent of the

12 amounts in any such revolving fund may be used by

13 the designated State agency or by an Indian tribe

14 for purposes of carrying out its responsibilities and

15 authorities under other provisions of this title.

16 ‘‘(C) Each such revolving fund shall be estab17 lished, maintained, and credited with repayments

18 and interest. The fund balance shall be available in

19 perpetuity for providing financial assistance under

20 this section. To the extent amounts in each such

21 fund are not required for current obligation or ex22 penditure, such amounts shall be invested by the

23 State in interest bearing obligations of the State or

24 of the United States.
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1 ‘‘(D) A percentage of the total amount of

2 grants made by the Secretary under this subsection

3 to States and Indian tribes in any fiscal year shall

4 be set aside only for allocation to Indian tribes. Such

5 percentage shall be determined by dividing the total

6 acreage of Indian lands in the United States by the

7 total acreage of lands in the United States.

8 ‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary

9 shall enter into an agreement under this section with

10 a State or Indian tribal governing body only after

11 the State has established to the satisfaction of the

12 Secretary that—

13 ‘‘(A) the State or tribe will deposit all cap14 italization grants received from the Secretary

15 under this subsection, together with all repay16 ments and interest on such grants, in a revolv17 ing fund established by the State or tribe in ac18 cordance with this subsection; and

19 ‘‘(B) the State or tribe will deposit in the

20 fund from State or Tribal monies an amount

21 equal to at least 10 percent of the total amount

22 of all such capitalization grants on or before the

23 date on which each grant payment is made to

24 the State or tribe.
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1 ‘‘(3) FUND ADMINISTRATION.—(A) Each State

2 or tribe may use up to 4 percent of the monies in

3 a revolving fund established under this subsection to

4 cover the reasonable costs of administration of the

5 assistance program under this subsection.

6 ‘‘(B) The Secretary shall promulgate such regu7 lations as may be necessary to carry out the provi8 sions of this section, including provisions to ensure

9 that each State or tribe commits and expends funds

10 from revolving funds established under this sub11 section in accordance with applicable laws and that

12 the State or tribe uses accounting, audit, and fiscal

13 procedures that conform to generally accepted ac14 counting standards.

15 ‘‘(C) Each State or tribe administering a re16 volving fund and assistance program under this sub17 section shall publish and submit to the Secretary a

18 report every 2 years on its activities under this sub19 section, including the findings of the most recent

20 audit of the fund. The Secretary shall periodically

21 audit all revolving funds established under this sub22 section in accordance with procedures established by

23 the Comptroller General.

24 ‘‘(4) STAMPS.—In addition to such amounts as

25 are made available for purposes of this subsection
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1 pursuant to section 309, the Secretary is authorized

2 to arrange, by contract or otherwise, for the design,

3 printing, and sale of river and watershed restoration

4 stamps. Such stamps shall be issued and sold in the

5 same manner as provided for of stamps issued under

6 the Act of March 16, 1934 (48 Stat. 452), except

7 that such stamps shall be sold for such amount as

8 the Secretary may determine and the net proceeds of

9 all such sales shall be retained by the Secretary, not10 withstanding sections 3302 and 1511 and following

11 title 31 of the United States Code, and transferred

12 to the revolving fund for the State in which such

13 stamps are sold. In the case of stamps sold in any

14 State which has not established a revolving fund

15 under this subsection, the Secretary shall disburse

16 such net proceeds to other States which have estab17 lished such funds on a pro rata basis according to

18 the volume of stamps sold in such other States. The

19 provisions of subsections (b) and (c) of section 5 of

20 the Act of March 16, 1934 (48 Stat. 452) shall

21 apply to the stamps referred to in this section in the

22 same manner as to stamps described in that Act.

23 ‘‘(b) PRIORITIES.—The Secretary shall establish pri24 orities for providing assistance under subsection (a). A

25 higher priority for assistance shall be accorded river and
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1 watershed restoration and conservation projects to the ex2 tent that such projects meet the following criteria:

3 ‘‘(1) Projects proposed to be monitored and su4 pervised by qualified watershed councils.

5 ‘‘(2) Projects for river or associated watershed

6 areas which have a high potential for restoration or

7 conservation.

8 ‘‘(3) Projects which have widespread local sup9 port in the affected communities.

10 ‘‘(4) Projects which provide significant short—

11 and long—term economic benefits, including job cre12 ation in areas with chronic unemployment.

13 ‘‘(5) Projects which provide for the participa14 tion of economically disadvantaged groups, including

15 minorities and low income individuals.

16 ‘‘(6) Projects which contribute to the economic

17 revitalization of communities within the watershed

18 concerned.

19 ‘‘(7) Projects which contribute to the conversion

20 of industrial, agricultural, or range practices in the

21 affected watershed to less energy and water—inten22 sive and more ecologically sound industrial, agricul23 tural, or range practices.

24 ‘‘(8) Projects which provide for full participa25 tion by Indian tribes.
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1 ‘‘(c) ASSISTANCE PROVIDED UNDER CERTAIN RE2 LATED PROVISIONS OF LAW.—

3 ‘‘(1) ASSISTANCE FROM BOR.—Whenever the

4 Secretary of the Interior, acting through the Bureau

5 of Reclamation, provides assistance to State or local

6 agencies or to any other entities for any project af7 fecting a river or watershed, the Secretary shall give

8 a priority to assistance which will contribute to the

9 protection or restoration (in accordance with the

10 standards published under section 307) of a river or

11 associated watershed area which is listed on the na12 tional registry under this title.

13 ‘‘(2) CONSERVATION RESERVE PROGRAM.—In

14 entering into contracts and making payments under

15 section 1234 of the Food Security Act of 1985 (16

16 U.S.C. 3834), the Secretary of Agriculture shall

17 waive the 50 percent cost sharing requirements of

18 section 1234(b)(1) and (3) of that Act in the case

19 of any contract entered into with a person for the

20 purpose of carrying out any project which the Sec21 retary of Agriculture determines to contribute to the

22 protection and restoration of a river or associated

23 watershed area listed on the national registry in ac24 cordance with a strategy adopted under this title for

25 such river or associated watershed area.
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1 ‘‘(3) FORESTRY INCENTIVES PROGRAM.—In dis2 tributing funds for the forestry incentives program

3 under section 4 of the Cooperative Forestry Assist4 ance Act of 1978 (16 U.S.C. 2103), whenever any

5 such funds are provided to a landowner to carrying

6 out measures specified in the strategy adopted under

7 this title for a registered river or associated water8 shed area, the term 95 percent shall be substituted

9 for the term 75 percent in the cost sharing provi10 sions of subsection (f) of such section 4.

11 ‘‘(4) WETLANDS RESERVE PROGRAM.—In es12 tablishing priorities for including lands in the Wet13 lands Reserve Program established under subchapter

14 C of chapter 1 of title XII of the Food Security Act

15 of 1985 (16 U.S.C. 3837 and following), the Sec16 retary of Agriculture shall, in addition to the prior17 ities listed in section 1237C(d) of such Act (16

18 U.S.C. 3837c(d)), accord a high priority to lands

19 within a watershed area listed on the registry under

20 this title.

21 ‘‘(5) CONSERVATION EASEMENTS.—In carrying

22 out the program authorized under section 3 of the

23 Water Bank Act (16 U.S.C. 1302), the Secretary of

24 Agriculture shall have the authority to enter into

25 agreements with landowners and operators in areas
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1 referred to in such section 3 which areas are covered

2 by a protection and restoration strategy adopted

3 under this title for any river or associated watershed

4 listed on the registry. In any such case such strategy

5 shall apply in lieu of the conservation plan referred

6 to in such section 3.

7 ‘‘(6) AGRICULTURAL CREDIT ACT OF 1978.—As8 sistance under the Agricultural Credit Act of 1978

9 (16 U.S.C. 2201 and following) shall be available for

10 river and watershed restoration projects directly af11 fecting rivers and associated watershed areas listed

12 on the national registry under this title.

13 ‘‘(7) AGRICULTURAL CONSERVATION PRO14 GRAM.—The policies and purposes of the agricul15 tural conservation program enumerated in section 7

16 of the Soil Conservation and Domestic Allotment

17 Act (16 U.S.C. 590g(a)) shall include the protection

18 and restoration of rivers and associated watershed

19 areas listed on the national registry under this title

20 and the Secretary of Agriculture is authorized to

21 carry out such policies and purposes by providing fi22 nancial assistance under that Act for projects car23 ried for the protection and restoration of such rivers

24 and associated watershed areas in accordance with

25 the standards published under section 307 of this
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1 title. In formulating the national program under sec2 tion 8 of the Act of April 27, 1935 (16 U.S.C.

3 590g), and in approving farming practices under

4 subsection (d) of such section 8, the Secretary of

5 Agriculture shall take such standards published

6 under section 307 of this title into account. No

7 farming practices shall be approved under such sub8 section (d) directly affecting a river or associated

9 watershed area listed on the registry unless such

10 practices are determined by the Secretary of Agri11 culture to be consistent with the strategy adopted

12 for such watershed under this title.

13 ‘‘(8) ASSISTANCE FROM NPS.—Whenever the

14 Secretary of the Interior, acting through the Na15 tional Park Service or acting under section 6 of this

16 Act, provides assistance to State or local agencies or

17 to any other entities for any project affecting a river

18 or watershed, such Secretary shall give a priority to

19 assistance which will contribute to the protection or

20 restoration (in accordance with the standards pub21 lished under section 307) of a river or associated

22 watershed area which is listed on the national reg23 istry under this title.
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1 ‘‘SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There is authorized to be appropriated such sums

3 as may be necessary to carry out this title but not more

4 than $13,000,000 for fiscal year 1995 and for each suc5 ceeding fiscal year.

6 ‘‘SEC. 310. SAVINGS PROVISIONS.

7 ‘‘Nothing in this Act shall be construed as establish8 ing or creating any Federal express or implied Federal

9 water right. Nothing in this section shall be construed as

10 affecting or intending to affect or in any way interfere

11 with the laws of the respective States relating to the con12 trol, appropriation, use, or distribution of water used in

13 irrigation or for municipal or other uses, or any vested

14 right acquired therein.

15 ‘‘SEC. 311. DEFINITIONS

16 ‘‘As used in this title:

17 ‘‘(1) The term ‘associated watershed area’

18 means, with respect to any river, the riparian zone,

19 flood plain zone, and any other area within the wa20 tershed of such river.

21 ‘‘(2) The term ‘designated State agency’ means

22 the State agency having jurisdiction over river and

23 watershed conservation and designated by the Gov24 ernor to review and submit nominations under this

25 title and to monitor implementation of conservation

26 and restoration plans adopted under this title.
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1 ‘‘(3) The term ‘Indian lands’ means Indian res2 ervations, public domain Indian allotments, former

3 Indian reservations in Oklahoma, land held by incor4 porated Native groups, regional corporations, and

5 village corporations under the provisions of the Alas6 ka Native Claims Settlement Act (43 U.S.C. 1601 et

7 seq.), and dependent Indian communities within the

8 borders of the United States whether within the

9 original or subsequently acquired territory thereof,

10 and whether within or without the limits of a State.

11 ‘‘(4) The term ‘Indian tribe’ means any Indian

12 tribe, band, nation, or other organized group or com13 munity, including any Alaska Native village or re14 gional or village corporation as defined in or estab15 lished pursuant to the Alaska Native Claims Settle16 ment Act (85 Stat. 688; 43 U.S.C. 1601 et seq.),

17 which is recognized as eligible for the special pro18 grams and services provided by the United States to

19 Indians because of their status as Indians.

20 ‘‘(5) The term ‘National Registry’ means the

21 National Watershed Registry established under this

22 title.

23 ‘‘(6) The term ‘qualified watershed council’

24 means a watershed council, watershed task force, or

25 other similar group or organization concerned with
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1 river or watershed management which the Adminis2 tration has determined to be a qualified watershed

3 council under section 305.

4 ‘‘(7) The term ‘restoration’, when used in con5 nection with a river, means any repairing of ecologi6 cal damage in order to return, to the extent feasible,

7 the river and the riverine—riparian ecosystem to its

8 predisturbance condition. Such term includes recon9 struction of physical hydrologic and morphologic

10 conditions, chemical cleanup or adjustment, and bio11 logical manipulation, including revegetation, and the

12 reintroduction of absent or currently nonviable na13 tive species.

14 ‘‘(8) The term ‘restoration measure’ means any

15 identifiable action or sequence of actions contribut16 ing to the restoration of a river.

17 ‘‘(9) The term ‘riparian lands’ means, for any

18 river, the portion of the terrestrial ecosystem that

19 directly affects, or is directly affected by, the wetted

20 zone adjacent to a river, including ground water and

21 wetland areas adjacent to a river.

22 ‘‘(10) The term ‘river’ includes any stream,

23 brook, creek, or tributary of a river and any segment

24 of a river.
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1 ‘‘(11) The term ‘riverine and riparian re2 sources’ includes the natural, biological, scenic, cul3 tural, or recreational values of the river and associ4 ated watershed area.

5 ‘‘(12) The term ‘Secretary’ means the Secretary

6 of the Interior except as otherwise specifically pro7 vided.

8 ‘‘(13) The term ‘strategy’ means a statement of

9 mission and objectives together with (A) an expla10 nation of the methods to be used (by the entity

11 nominating a river and watershed area for inclusion

12 on the National Registry) to achieve such mission

13 and objectives, and (B) a timetable for undertaking

14 action.

15 ‘‘(14) The term ‘watershed’ means, for any

16 river or stream, the surface drainage area that con17 tributes water to that river or stream.’’.

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