II 

109TH CONGRESS 

1ST SESSION S. 218 

To amend the Food Security Act of 1985 to provide incentives to landowners 

to protect and improve streams and riparian habitat. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2005 

Mr. KOHL introduced the following bill; which was read twice and referred to 

the Committee on Agriculture, Nutrition, and Forestry 

A BILL

To amend the Food Security Act of 1985 to provide incentives to landowners to protect and improve streams and 

riparian habitat.

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

3 SECTION 1. STREAM HABITAT IMPROVEMENT PROGRAM. 

4 (a) IN GENERAL.—Chapter 5 of subtitle D of title 

5 XII of the Food Security Act of 1985 (16 U.S.C. 3839bb 

6 et seq.) is amended by adding at the end the following: 

7 ‘‘SEC. 1240Q. STREAM HABITAT IMPROVEMENT PROGRAM. 

8 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

9 with the State technical committees established under sec10 tion 1261, shall establish within the Natural Resources 
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1 Conservation Service a program to be known as the stream 

2 habitat improvement program (referred to in this section 

3 as the ‘program’). 

4 ‘‘(b) ELIGIBLE PROJECTS.— 

5 ‘‘(1) IN GENERAL.—Under the program, the 

6 Secretary shall offer to enter into agreements under 

7 which the Secretary shall make cost-share payments 

8 to landowners to carry out on land owned by the 

9 landowners projects to— 

10 ‘‘(A) protect streamside areas, including 

11 through the installation of riparian fencing and 

12 improved stream crossings; 

13 ‘‘(B) repair in-stream habitat; 

14 ‘‘(C) improve water flows and water qual15 ity, including through channel restoration; 

16 ‘‘(D) initiate watershed management and 

17 planning in areas in which streams are in a de18 graded condition due to past agricultural or for19 estry practices; and 

20 ‘‘(E) undertake other types of stream habi21 tat improvement approved by the Secretary. 

22 ‘‘(2) PRIORITY PROJECTS.—The Secretary shall 

23 give priority to any landowner applicant that carries 

24 out a project to— 
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1 ‘‘(A) remove a small dam or in-stream 

2 structure; 

3 ‘‘(B) improve fish passage, including 

4 through culvert repair and maintenance; 

5 ‘‘(C) protect streamside areas; 

6 ‘‘(D) improve water flows, including 

7 through irrigation efficiency improvements; or 

8 ‘‘(E) improve in-stream flow quality or 

9 timing or temperature regimes. 

10 ‘‘(3) PRIORITY APPLICANTS.—To ensure that 

11 program projects address the causes of stream habi12 tat degradation, the Secretary shall give priority to 

13 any landowner applicant that demonstrates that up14 land improvements associated with the stream habi15 tat improvement (including erosion and nutrient 

16 management) have been, or will be, carried out. 

17 ‘‘(c) COST-SHARE PAYMENTS.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graphs (2) and (3), the Federal share of payments 

20 made under this section shall be equal to 80 percent 

21 of the total cost incurred by the landowner in car22 rying out a project described in subsection (b), as 

23 determined and approved by the Secretary. 

24 ‘‘(2) NONPROFIT PARTNERSHIP.—The Sec25 retary shall provide a higher Federal share of pay-
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1 ments than the share provided under paragraph (1) 

2 to a landowner that carries out a project in partner3 ship with a nonprofit organization. 

4 ‘‘(3) PRIORITY PROJECTS.—The Secretary may 

5 provide a higher Federal share of payments than the 

6 share provided under paragraph (1) to a landowner 

7 that carries out a project described in subsection 

8 (b)(2).’’. 

9 (b) FUNDING AND TECHNICAL ASSISTANCE.— 

10 (1) FUNDING.—Section 1241(a) of the Food 

11 Security Act of 1985 (16 U.S.C. 3841(a)) is amend12 ed by adding at the end the following: 

13 ‘‘(8) The stream habitat improvement program 

14 under section 1240Q, using, to the maximum extent 

15 practicable, $60,000,000 in each of fiscal years 2006 

16 through 2008.’’. 

17 (2) TECHNICAL ASSISTANCE.—Section 

18 1241(b)(1) of the Food Security Act of 1985 (16 

19 U.S.C. 3841(b)(1) is amended by striking ‘‘para20 graphs (1) through (7)’’ and inserting ‘‘paragraphs 

21 (1) through (8)’’.

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