II

104TH CONGRESS

1ST SESSION S. 626

To amend the Watershed Protection and Flood Prevention Act to establish

a waterways restoration program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 27, 1995

Mr. HATFIELD (for himself and Mr. COCHRAN) introduced the following bill;

which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Watershed Protection and Flood Prevention

Act to establish a waterways restoration program, and

for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

5 Act of 1995’’.

6 SEC. 2. FINDINGS AND POLICY.

7 (a) FINDINGS.—Congress finds that—

8 (1) restoring degraded streams, rivers, and

9 other waterways to a natural state is a cost effective
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1 means of controlling flooding, excessive erosion, sedi2 mentation, and nonpoint pollution, including

3 stormwater runoff;

4 (2) protecting and restoring watersheds pro5 vides critical ecological benefits by restoring and

6 maintaining biodiversity, providing fish and wildlife

7 habitat, filtering pollutants, and performing other

8 important ecological functions;

9 (3) waterway restoration and protection

10 projects can provide important economic and edu11 cational benefits by rejuvenating waterfront areas,

12 providing recreational opportunities such as green13 ways, and creating community service jobs and job

14 training opportunities in waterway restoration for

15 disadvantaged youths, displaced resource harvesters,

16 and other unemployed persons;

17 (4) restoring waterways helps to increase the

18 fishing potential of waterways and restore dimin19 ished fisheries, which are important to local and re20 gional cultures and economies; and

21 (5) low income and minority communities fre22 quently experience disproportionately severe deg23 radation of waterways, but historically have had dif24 ficulty in meeting eligibility requirements for Fed25 eral watershed projects under the Watershed Protec-
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1 tion and Flood Prevention Act (16 U.S.C. 1001 et

2 seq.) due to Federal policy obstacles such as local

3 cost share requirements and formulas for assessing

4 costs and benefits that favor high land values.

5 (b) POLICY.—Congress declares it in the national in6 terest to—

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

8 and physical components of waterways and associ9 ated ecological systems such that the biological and

10 physical structures, diversity, functions, and dynam11 ics of the waterways and systems are restored;

12 (2) replace deteriorating stormwater structural

13 infrastructures and physical waterway alterations

14 that are ecologically damaging with cost effective,

15 low maintenance, and ecologically sensitive projects;

16 (3) promote the use of nonstructural means to

17 manage and convey streamflow, stormwater, and

18 flood waters;

19 (4) increase the involvement of the public and

20 youth conservation or service corps in the monitor21 ing, inventorying, and restoration of watersheds to

22 improve public education, prevent pollution, and de23 velop coordinated citizen and governmental partner24 ships to restore damaged waterways; and
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1 (5) benefit business districts, local economies,

2 and neighborhoods through the restoration of water3 ways and the development of multiuse greenway cor4 ridors.

5 SEC. 3. DEFINITION OF WORKS OF IMPROVEMENT.

6 Section 2 of the Watershed Protection and Flood

7 Prevention Act (16 U.S.C. 1002) is amended by striking

8 ‘‘Each project’’ and all that follows through ‘‘of the

9 project.’’.

10 SEC. 4. WATERWAYS RESTORATION PROGRAM.

11 The Watershed Protection and Flood Prevention Act

12 (16 U.S.C. 1001 et seq.) is amended by adding at the end

13 the following:

14 ‘‘SEC. 14. WATERWAYS RESTORATION PROGRAM.

15 ‘‘(a) DEFINITIONS.—In this section:

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

17 term ‘biotechnical slope protection’ means the use of

18 live or dead plant material, alone or in conjunction

19 with an inert material, to repair and fortify a water20 shed slope, roadcut, stream bank, or other site vul21 nerable to excessive erosion, using systems such as

22 brush piling, brush layering, brush matting, fascines,

23 joint plantings, live stakes, seeding, stem cuttings,

24 and pole cuttings.
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1 ‘‘(2) CHANNELIZATION.—The term ‘channeliza2 tion’ means removing the meanders and vegetation

3 from a river or stream to accelerate storm flow ve4 locity, filling habitat to accommodate land develop5 ment or existing structures, or stabilizing a bank

6 with concrete or riprap.

7 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en8 tity’ means—

9 ‘‘(A) a tribal or local government, flood

10 control district, water district, conservation dis11 trict (as defined by section 1201(a)(2) of the

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

13 3801(a)(2))), agricultural extension 4–H pro14 gram, nonprofit organization, or watershed

15 council; or

16 ‘‘(B) an unincorporated neighborhood or17 ganization, watershed council, or small citizen

18 nongovernmental or nonprofessional organiza19 tion for which an incorporated nonprofit organi20 zation is acting as a fiscal agent.

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

22 means an incorporated nonprofit organization that—

23 ‘‘(A) is acting as a legal entity that can ac24 cept government or private funds and pass the
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1 funds on to an unincorporated community, cul2 tural, or neighborhood organization; and

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

4 with the unincorporated organization that speci5 fies the funding, program, and working ar6 rangements for carrying out a project under the

7 program.

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

9 a floodplain, floodprone, or project right-of-way that

10 provides flood risk reduction, floodwater conveyance,

11 fish and wildlife habitat, or ecological benefits, and

12 that may provide public access, including a water13 front.

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

15 ‘nonprofit organization’ means an organization de16 scribed in section 501(c)(3) of the Internal Revenue

17 Code of 1986 which is exempt from tax under sec18 tion 501(a) of the Code.

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

20 the waterways restoration program established by

21 the Secretary under subsection (b).

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

23 the Secretary of Agriculture.

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

25 a physical project component used to restore a na-
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1 tive ecosystem, including a rock, wood cribwall,

2 geotextile netting, geogrid, dirt-filled gabion, weir,

3 gully check dam, jack, groin, or fence.

4 ‘‘(10) WATERSHED COUNCIL.—The term ‘wa5 tershed council’ means a representative group of

6 local watershed residents (including representatives

7 from the private, public, government, and nonprofit

8 sectors) organized to develop and carry out a con9 sensus watershed restoration plan that includes res10 toration, acquisition, and related activities.

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

12 means a natural, degraded, seasonal, or created wet13 land on private or public land, including—

14 ‘‘(A) a river, stream, riparian area, marsh,

15 pond, bog, mudflat, lake, or estuary; or

16 ‘‘(B) a natural or humanmade watercourse

17 on public or private land that is culverted,

18 channelized, or vegetatively cleared, including a

19 canal, irrigation ditch, drainage way, or naviga20 tion, industrial, flood control, or water supply

21 channel.

22 ‘‘(12) YOUTH CONSERVATION OR SERVICE

23 CORPS PROGRAM.—The term ‘youth conservation or

24 service corps program’ means a full-time, year-round

25 youth corps program or a full-time summer youth
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1 corps program as described in section 122(a)(2) of

2 the National and Community Service Act of 1990

3 (42 U.S.C. 12572(a)(2)).

4 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab5 lish and carry out a waterways restoration program, under

6 which the Secretary shall provide technical assistance and

7 grants, on a competitive basis, to eligible entities to assist

8 the entities in carrying out waterway restoration projects.

9 ‘‘(c) ADMINISTRATION.—

10 ‘‘(1) OBJECTIVES.—A project shall be eligible

11 for assistance under the program if the project is de12 signed to achieve ecological restoration or protection

13 and—

14 ‘‘(A) flood damage reduction;

15 ‘‘(B) erosion control;

16 ‘‘(C) stormwater management; or

17 ‘‘(D) water quality enhancement.

18 ‘‘(2) USES.—Funds made available for an eligi19 ble project may be used for—

20 ‘‘(A) restoration and monitoring of a de21 graded waterway, including revegetation, res22 toration of a biological community, or a change

23 in land management practices;

24 ‘‘(B) restoration or establishment of a wet25 land or riparian environment as part of a
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1 multiobjective stormwater management system,

2 in which the restored or established area pro3 vides stormwater storage, detention, and reten4 tion, nutrient filtering, wildlife habitat, and in5 creased biological diversity;

6 ‘‘(C) reduction of runoff;

7 ‘‘(D) stream bank restoration using the

8 principles of biotechnical slope stabilization;

9 ‘‘(E) establishment and acquisition of a

10 multiobjective floodplain riparian and adjacent

11 floodprone land, including a greenway, for sedi12 ment storage, floodwater storage and convey13 ance, wildlife habitat, and recreation;

14 ‘‘(F) removal of a culvert or storm drain to

15 reestablish natural ecological conditions and re16 duce flood damage;

17 ‘‘(G) organization of a local watershed

18 council, in conjunction with the implementation

19 of an on-the-ground action education or restora20 tion project;

21 ‘‘(H) training of a participant, including a

22 youth conservation or service corps program

23 participant, in restoration techniques, in con24 junction with the implementation of an on-the25 ground action education or restoration project;
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1 ‘‘(I) development of a waterway restoration

2 or watershed plan that will be used within a

3 grant agreement period, referred to in sub4 section (d)(2), to carry out a specific restora5 tion project;

6 ‘‘(J) restoration of a stream channel to re7 establish a meandering, bankfull flow channel,

8 riparian vegetation, or a floodplain to—

9 ‘‘(i) restore the functions and dynam10 ics of a natural stream system to a pre11 viously channelized waterway so that chan12 nel dimensions and floodplain zones are

13 appropriately sized to the watershed and

14 the slope of the watershed, bankfull dis15 charges, and sediment sizes and transport

16 rates; or

17 ‘‘(ii) convey larger flood flows as an

18 alternative to a channelization project;

19 ‘‘(K) release of a reservoir flow to restore

20 a riparian or instream habitat;

21 ‘‘(L) a watershed or wetland project that

22 has undergone planning pursuant to another

23 Federal, State, tribal, or local program and law

24 and has received any necessary environmental

25 review or permit; and
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1 ‘‘(M) an early action project that a water2 shed council wants to implement prior to the

3 completion of the final consensus watershed

4 plan, if the project meets the watershed man5 agement objectives of the council and is useful

6 in fostering citizen involvement in the planning

7 process.

8 ‘‘(3) LOCATION OF PROJECT.—A project may

9 be carried out under the program on—

10 ‘‘(A) Federal lands; or

11 ‘‘(B) State or private lands, if the State or

12 the private land owner is a sponsor or cospon13 sor of the project or otherwise consents.

14 ‘‘(4) PRIORITY PROJECT.—In determining fund15 ing priorities, a project shall have priority if the

16 project—

17 ‘‘(A) is located in or directly benefits a low

18 income or economically depressed area that is

19 adversely impacted by poor watershed manage20 ment;

21 ‘‘(B) restores or creates a business or oc22 cupation in the project area, including a public

23 access opportunity for a waterfront greenway;

24 ‘‘(C) provides an opportunity for a partici25 pant in a Federal, State, tribal, or local youth
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1 conservation or service corps and provides

2 training in waterway restoration, monitoring,

3 and inventory work;

4 ‘‘(D) serves a community composed of mi5 norities or Native Americans, including a

6 project that develops an outreach program to

7 facilitate the participation by minorities or Na8 tive Americans in the program;

9 ‘‘(E) is identified as a regional priority,

10 planned in a regional context, and coordinated

11 with Federal, State, tribal, and local agencies;

12 ‘‘(F) will restore wildlife or a fishery that

13 has commercial, recreational, subsistence, or

14 scientific concern;

15 ‘‘(G) trains or employs a fisher or other re16 source harvester whose livelihood has been ad17 versely impacted by habitat degradation;

18 ‘‘(H) provides a significant improvement in

19 ecological values and functions in the project

20 area; or

21 ‘‘(I) was approved under this Act prior to

22 the date of enactment of this section, and the

23 project meets or was redesigned to meet the re24 quirements of this section.
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1 ‘‘(5) COST-BENEFIT ANALYSIS.—A project shall

2 only be eligible for assistance under the program if

3 an interdisciplinary team, established under sub4 section (e), determines that the local social, eco5 nomic, ecological, and community benefits of the

6 project based on local needs, problems, and condi7 tions equal or exceed the local social, economic, eco8 logical, and community costs of the project.

9 ‘‘(6) FLOOD DAMAGE REDUCTION.—A project

10 to reduce flood damage shall be designed for the

11 level of risk selected by the local sponsor and co12 sponsors to best meet—

13 ‘‘(A) the needs of the local sponsor and co14 sponsors for reducing flood risks;

15 ‘‘(B) the ability of the local sponsor and

16 cosponsors to pay project costs; and

17 ‘‘(C) community objectives to protect or re18 store environmental quality.

19 ‘‘(7) INELIGIBLE PROJECT.—A project involving

20 channelization, stream bank stabilization using a

21 method other than biotechnical slope protection, con22 struction of a reservoir, or construction of a struc23 ture shall not be eligible for assistance under the

24 program unless the project is necessary for the rees-
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1 tablishment of the structure, function, and diversity

2 of a native ecosystem.

3 ‘‘(d) PROGRAM ADMINISTRATION.—

4 ‘‘(1) DESIGNATION OF PROGRAM ADMINISTRA5 TORS.—The Secretary shall designate a program ad6 ministrator for each State who shall be responsible

7 for administering the program in the State. Except

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

9 designate the State Conservationist of the Natural

10 Resources Conservation Service as the program ad11 ministrator of the State.

12 ‘‘(2) APPROVAL OF A STATE AGENCY.—

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

14 to the Secretary an application for designation

15 of a State agency to serve as the program ad16 ministrator of the State.

17 ‘‘(B) CRITERIA.—The Secretary shall ap18 prove an application of a State submitted under

19 subparagraph (A) if the application dem20 onstrates—

21 ‘‘(i) the ability of the State agency to

22 solicit, select, and fund projects within a 1-

23 year grant administration cycle;

24 ‘‘(ii) responsiveness by the State agen25 cy to the administrative needs and limita-
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1 tions of small nonprofit organizations and

2 low income or minority communities;

3 ‘‘(iii) the success of the State agency

4 in carrying out State or local programs

5 that are similar to the program; and

6 ‘‘(iv) the ability of the State agency to

7 jointly plan and carry out with Indian

8 tribes programs similar to the program.

9 ‘‘(C) REDESIGNATION.—If the Secretary

10 determines, after a public hearing, that a State

11 agency approved under this paragraph no

12 longer meets the criteria set forth in subpara13 graph (B), the Secretary shall so notify the

14 State and, if appropriate corrective action has

15 not been taken within a reasonable time, with16 draw the approval of the State agency as the

17 program administrator of the State and des18 ignate the State Conservationist of the Natural

19 Resources Conservation Service as the program

20 administrator of the State.

21 ‘‘(3) TECHNICAL ASSISTANCE.—The State Con22 servationist of a State shall carry out the technical

23 assistance portion of the program in the State re24 gardless of approval under paragraph (2)(B).
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1 ‘‘(e) ESTABLISHMENT OF INTERDISCIPLINARY

2 TEAMS.—

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

4 in each State an interdisciplinary team of specialists

5 to assist in reviewing any project application submit6 ted under the program.

7 ‘‘(2) APPOINTMENT.—The interdisciplinary

8 team of a State shall be composed of—

9 ‘‘(A) individuals to be appointed on an an10 nual basis by the program administrator of the

11 State, including at least 1—

12 ‘‘(i) hydrologist;

13 ‘‘(ii) plant ecologist;

14 ‘‘(iii) aquatic biologist;

15 ‘‘(iv) biotechnical slope protection ex16 pert;

17 ‘‘(v) landscape architect or planner;

18 ‘‘(vi) member of the agricultural com19 munity;

20 ‘‘(vii) representative of the fish and

21 wildlife agency of the State; and

22 ‘‘(viii) representative of the soil and

23 water conservation agency of the State;

24 and
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1 ‘‘(B) 4 representatives from Federal agen2 cies (5 representatives from Federal agencies

3 located in coastal States), to be appointed on an

4 annual basis by the appropriate regional or

5 State director of the agency, from—

6 ‘‘(i) the Natural Resources Conserva7 tion Service;

8 ‘‘(ii) the Environmental Protection

9 Agency;

10 ‘‘(iii) the United States Fish and

11 Wildlife Service;

12 ‘‘(iv) the Corps of Engineers; and

13 ‘‘(v) the National Marine Fishery

14 Service (in coastal States).

15 ‘‘(3) AFFILIATION OF REPRESENTATIVES.—A

16 representative appointed pursuant to paragraph

17 (2)(A) may be an employee of a Federal, State, trib18 al, or local agency or a nonprofit organization.

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

20 Sections 9, 10(a)(2), and 14 of the Federal Advisory

21 Committee Act (5 U.S.C. App.) shall not apply to an

22 interdisciplinary team established under this sub23 section.

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

25 provide adequate public notice before conducting a
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1 meeting under this section, including notification in

2 the official State journal.

3 ‘‘(f) CONDITIONS FOR RECEIVING ASSISTANCE.—

4 ‘‘(1) PROJECT SPONSOR AND COSPONSORS.—

5 ‘‘(A) REQUIREMENT.—To be eligible for

6 assistance under the program, a project shall

7 have as project participants—

8 ‘‘(i) a citizens organization; and

9 ‘‘(ii) a State, regional, tribal, or local

10 governing body, agency, or district.

11 ‘‘(B) PROJECT SPONSOR.—A project par12 ticipant referred to in subparagraph (A) shall

13 be designated as the project sponsor. The

14 project sponsor shall make the grant application

15 and have the primary responsibility for execut16 ing the grant agreement, submitting invoices,

17 and receiving reimbursements.

18 ‘‘(C) PROJECT COSPONSOR.—A project

19 participant that is not the project sponsor shall

20 be designated as the project cosponsor. The

21 project cosponsor shall, jointly with the project

22 sponsor, support and actively participate in the

23 project. There may be more than 1 cosponsor

24 for a project.
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1 ‘‘(2) USE OF GRANT FUNDS.—Grant funds

2 made available under the program shall not supplant

3 other available funds for a waterway restoration

4 project, including developer fees, mitigation, or com5 pensation required as a permit condition or as a re6 sult of a violation of this Act or any other law.

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

8 project sponsor or cosponsor shall be responsible for

9 ongoing maintenance of the project.

10 ‘‘(g) SELECTION OF A PROJECT.—

11 ‘‘(1) APPLICATION.—To receive assistance to

12 carry out a project under the program in a State,

13 an eligible entity shall submit to the program admin14 istrator of the State an application in such form and

15 containing such information as the Secretary may by

16 regulation require.

17 ‘‘(2) REVIEW OF APPLICATIONS BY INTER18 DISCIPLINARY TEAMS.—

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

20 assistance under the program received by the

21 program administrator of a State shall be

22 transmitted to the interdisciplinary team of the

23 State established pursuant to this section.

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

25 interdisciplinary team of each State shall—
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1 ‘‘(i) review the applications transmit2 ted to the team pursuant to subparagraph

3 (A);

4 ‘‘(ii) determine the eligibility of pro5 posed projects for funding under the pro6 gram;

7 ‘‘(iii) make recommendations concern8 ing funding priorities for the eligible

9 projects; and

10 ‘‘(iv) transmit the findings and rec11 ommendations of the team to the program

12 administrator of the State.

13 ‘‘(C) PROJECT OPPOSITION BY CERTAIN

14 REPRESENTATIVES.—

15 ‘‘(i) IN GENERAL.—If 2 or more of

16 the members of an interdisciplinary team

17 of a State appointed pursuant to clause

18 (vii) or (viii) of subsection (e)(2)(A) or

19 clause (ii), (iii), or (v) of subsection

20 (e)(2)(B) are opposed to a project that is

21 supported by a majority of the members of

22 the interdisciplinary team, a determination

23 on whether the project may receive assist24 ance under the program shall be made by
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1 the Chief of the Natural Resources Con2 servation Service.

3 ‘‘(ii) CONSULTATION.—In making a

4 determination under this subparagraph,

5 the Chief shall consult with the Adminis6 trator of the Environmental Protection

7 Agency, the Director of the Fish and Wild8 life Service, and, in coastal areas, the As9 sistant Administrator of the National Ma10 rine Fisheries Service.

11 ‘‘(iii) MONITORING.—The Secretary

12 shall conduct such monitoring activities as

13 are necessary to ensure the success and ef14 fectiveness of a project determination made

15 pursuant to this subparagraph.

16 ‘‘(3) FINAL SELECTION.—The final determina17 tion on whether to provide assistance for a project

18 under the program shall be made by the program

19 administrator of the State and shall be based on the

20 recommendations made by the interdisciplinary team

21 of the State pursuant to paragraph (2)(B).

22 ‘‘(h) GRANT APPLICATION CYCLE.—

23 ‘‘(1) IN GENERAL.—A grant under the program

24 shall be awarded on an annual basis.
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1 ‘‘(2) GRANT AGREEMENTS.—The program ad2 ministrator of a State may enter into a grant agree3 ment with an eligible entity to permit the entity to

4 phase in a project under the program for a period

5 of not to exceed 3 years, subject to reevaluation each

6 year as part of the annual funding cycle.

7 ‘‘(i) NON-FEDERAL SHARE.—

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

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

10 a project under this section, including structural and

11 non-structural features, shall be 25 percent.

12 ‘‘(2) ECONOMICALLY DEPRESSED COMMU13 NITIES.—The Secretary may waive all or part of the

14 non-Federal share of the cost of a project that is

15 carried out in an economically depressed community.

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

17 interests may meet any portion of the non-Federal

18 share of the cost of a project under this section

19 through an in-kind contribution, including a con20 tribution of labor, involvement of a youth service or

21 conservation corps program participant, material,

22 equipment, consulting services, or land.

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

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

3 ‘‘(j) LIMITATIONS ON COSTS OF ADMINISTRATION

4 AND TECHNICAL ASSISTANCE.—Of the total amount made

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

6 ‘‘(1) not more than 15 percent may be used for

7 administrative expenses; and

8 ‘‘(2) not more than 25 percent may be used for

9 providing technical assistance.

10 ‘‘(k) CONSULTATION WITH A FEDERAL AGENCY.—

11 In establishing and carrying out a program under this sec12 tion, the Secretary shall consult with the heads of appro13 priate Federal departments or agencies, including the Ad14 ministrator of the Environmental Protection Agency, the

15 Assistant Secretary of the Army for Civil Works, the Di16 rector of the United States Fish and Wildlife Service, the

17 Commissioner of the Bureau of Reclamation, the Director

18 of the Geological Survey, the Chief of the Forest Service,

19 the Assistant Administrator for the National Marine Fish20 ery Service, or the Director of the National Park Service.

21 ‘‘(l) CITIZENS OVERSIGHT COMMITTEE.—

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

23 State shall establish a citizens oversight committee

24 to evaluate management of the program in the

25 State. The membership of a citizens oversight com-
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1 mittee shall represent a diversity of regions, cul2 tures, and watershed management interests.

3 ‘‘(2) COMPONENTS TO BE EVALUATED.—Pro4 gram components to be evaluated by a citizens over5 sight committee established under paragraph (1)

6 are—

7 ‘‘(A) program outreach, accessibility, and

8 service to low income and minority ethnic com9 munities and displaced resource harvesters;

10 ‘‘(B) the manageability of grant applica11 tion procedures, contracting transactions, and

12 invoicing for disbursement for small nonprofit

13 organizations;

14 ‘‘(C) the success of the program in sup15 porting the range of the program objectives, in16 cluding evaluation of the environmental impacts

17 of the program as implemented;

18 ‘‘(D) the number of jobs created for identi19 fied target groups;

20 ‘‘(E) the diversity of job skills fostered for

21 long-term watershed related employment; and

22 ‘‘(F) the extent of involvement of youth

23 conservation or service corps programs.

24 ‘‘(3) ANNUAL REPORT.—The program adminis25 trator of each State shall issue an annual report
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1 summarizing the program evaluation under para2 graph (1). The report shall be signed by each mem3 ber of the citizens oversight committee of the State

4 and shall be submitted to the Secretary.

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

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

7 10(f), and 14 of the Federal Advisory Committee

8 Act (5 U.S.C. App.) shall not apply to a citizens

9 oversight committee established under this sub10 section.

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

12 shall provide adequate public notice before conduct13 ing a meeting under this section, including notifica14 tion in the official State journal.

15 ‘‘(m) FUNDING.—

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

17 give priority to a waterways restoration project

18 under this section in making funding decisions under

19 this Act.

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

21 may accept the transfer of funds from other Federal

22 departments and agencies to carry out this section.

23 ‘‘(3) APPLICABILITY OF REQUIREMENTS.—

24 Funds made available to carry out this section, and

25 financial assistance provided with the funds, shall be
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1 subject to this section and, to the extent the require2 ments are consistent with this section, other provi3 sions of this Act.’’.

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