II

103D CONGRESS

2D SESSION S. 2292

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

JULY 18 (legislative day, JULY 11), 1994

Mr. HATFIELD 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 1994’’.

6 SEC. 2. FINDINGS AND POLICY.

7 (a) FINDINGS.—Congress finds that—

8 (1) restoring degraded streams, rivers, wet9 lands, and other waterways to their natural state is

10 a cost effective and environmentally sensitive means
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1 to control flooding, excessive erosion, sedimentation,

2 and nonpoint pollution, including stormwater runoff;

3 (2) protecting and restoring watersheds pro4 vides critical ecological benefits by restoring and

5 maintaining biodiversity, providing fish and wildlife

6 habitat, filtering pollutants, and performing other

7 important ecological functions;

8 (3) waterway restoration and protection

9 projects can provide important economic benefits by

10 rejuvenating waterfront areas, providing recreational

11 opportunities, and creating community service jobs

12 and job training opportunities in environmental res13 toration for disadvantaged youth, displaced resource

14 harvesters, and other unemployed residents; and

15 (4) restoring waterways helps to increase the

16 fishing potential of waterways and restore dimin17 ished fisheries, which are important to local and re18 gional cultures and economies and to low-income and

19 ethnic cultural groups who rely heavily on fish as a

20 food source.

21 (b) POLICY.—Congress declares it is in the national

22 interest to—

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

24 and physical components of streams and rivers and

25 associated wetland systems in order to restore the
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1 biological and physical structures, diversity, func2 tions, and dynamics of the stream and wetland eco3 logical systems;

4 (2) replace deteriorating stormwater structural

5 infrastructures and physical waterway alterations

6 that are environmentally destructive with cost effec7 tive, low maintenance, and environmentally sensitive

8 projects;

9 (3) promote the use of nonstructural means to

10 manage and convey streamflow, stormwater, and

11 flood waters;

12 (4) increase the involvement of the public and

13 youth conservation and service corps in the monitor14 ing, inventorying, and restoration of watersheds in

15 order to improve public education, prevent pollution,

16 and develop coordinated citizen and governmental

17 partnerships to restore damaged waterways; and

18 (5) benefit business districts, local economies,

19 and neighborhoods through the restoration of water20 ways.

21 SEC. 3. WORKS OF IMPROVEMENT DEFINED.

22 Section 2 of the Watershed Protection and Flood

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

24 the following sentence: ‘‘Each project must contain bene25 fits directly related to agriculture, including rural commu-
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1 nities, that account for at least 20 percent of the total

2 benefits of the project.’’.

3 SEC. 4. WATERWAYS RESTORATION PROGRAM.

4 The Watershed Protection and Flood Prevention Act

5 (16 U.S.C. 1001 et seq.) is amended by adding at the end

6 the following new section:

7 ‘‘SEC. 14. WATERWAYS RESTORATION PROGRAM.

8 ‘‘(a) DEFINITIONS.—As used in this section:

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

10 term ‘biotechnical slope protection’ means the use of

11 live and dead plant material to repair and fortify a

12 watershed slope, roadcut, stream bank, or other site

13 that is vulnerable to excessive erosion, using such

14 systems as brush piling, brush layering, brush mat15 ting, fascines, joint plantings, and wood cribwalls.

16 ‘‘(2) CHANNELIZATION.—The term ‘channeliza17 tion’ means removing the meanders and vegetation

18 from a river or stream for purposes of accelerating

19 storm flow velocity, filling habitat to accommodate

20 land development and existing structures, or stabiliz21 ing a bank with concrete or riprap.

22 ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means—

24 ‘‘(A) any tribal or local government, flood

25 control district, water district, conservation dis-
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1 trict (as defined in section 1201(a)(2) of the

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

3 3801(a)(2)), agricultural extension 4–H pro4 gram, nonprofit organization, or watershed

5 council; or

6 ‘‘(B) any unincorporated neighborhood or7 ganization, watershed council, or small citizen

8 nongovernmental or nonprofessional organiza9 tion for which an incorporated nonprofit organi10 zation acts as a fiscal agent.

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

12 means an incorporated nonprofit organization that—

13 ‘‘(A) acts as a legal entity that is author14 ized to accept government or private funds and

15 pass them onto an unincorporated community,

16 cultural, or neighborhood organization; and

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

18 with such an unincorporated organization that

19 specifies the funding, program, and working ar20 rangements for carrying out a project under the

21 program.

22 ‘‘(5) NONPROFIT ORGANIZATION.—The term

23 ‘nonprofit organization’ means any organization with

24 a tax exempt status under section 501(c)(3) of the

25 Internal Revenue Code of 1986.
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1 ‘‘(6) PROGRAM.—The term ‘program’ means

2 the Waterways Restoration Program established by

3 the Secretary under subsection (b).

4 ‘‘(7) SECRETARY.—The term ‘Secretary’ means

5 the Secretary of Agriculture, acting through the

6 Chief of the Soil Conservation Service.

7 ‘‘(8) STREAM CHANNEL QUASI-EQUILIBRIUM.—

8 The term ‘stream channel quasi-equilibrium’ means

9 restoring channel geometrics, meanders, and slopes

10 so that channel dimensions are appropriately sized

11 to the watershed and the slope of the watershed,

12 bankfull discharges, and sediment sizes and trans13 port rates for the purpose of correcting excessive

14 channel erosion and deposition.

15 ‘‘(9) WATERSHED COUNCIL.—The term ‘water16 shed council’ means a representative group of local

17 watershed residents (including the private, public,

18 government, and nonprofit sectors) organized to de19 velop and carry out a consensus watershed restora20 tion plan that includes restoration, acquisition, and

21 other activities.

22 ‘‘(10) WATERWAY.—The term ‘waterway’

23 means any natural, degraded, seasonal, or created

24 wetland on private or public land, including a river,

25 stream, riparian area, marsh, pond, bog, mudflat,
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1 lake, or estuary. The term includes any natural or

2 humanmade watercourse on public or private land

3 that is culverted, channelized, or vegetatively

4 cleared, including a canal, irrigation ditch, drainage

5 way, or navigation, industrial, flood control, or water

6 supply channel.

7 ‘‘(11) YOUTH CONSERVATION AND SERVICE

8 CORPS.—The term ‘youth conservation and service

9 corps program’ means a full-time, year-round youth

10 corps program or a full-time summer youth corps

11 program described in section 122(a)(2) of the Na12 tional and Community Service Act of 1990 (42

13 U.S.C. 12572(a)(2)).

14 ‘‘(b) ESTABLISHMENT.—The Secretary, acting

15 through the Chief of the Soil Conservation Service, shall

16 establish and carry out a Waterways Restoration Program

17 in accordance with this section. Under the program, the

18 Secretary shall provide technical assistance and grants, on

19 a competitive basis, to eligible entities to assist the entities

20 in carrying out waterway restoration projects.

21 ‘‘(c) PROJECT ELIGIBILITY.—

22 ‘‘(1) PROJECT OBJECTIVES.—A project shall be

23 eligible for assistance under the program if the

24 project is designed to achieve ecological restoration
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1 or protection and 1 or more of the following objec2 tives:

3 ‘‘(A) Flood damage reduction.

4 ‘‘(B) Erosion control.

5 ‘‘(C) Stormwater management.

6 ‘‘(D) Water quality enhancement.

7 ‘‘(2) LOCATION OF PROJECTS.—A project may

8 be carried out under the program on Federal lands

9 or on State or private lands in any case in which the

10 State or the private land owner is a sponsor or co11 sponsor of the project.

12 ‘‘(3) PROJECT DESCRIPTIONS.—A project eligi13 ble for assistance under the program shall include a

14 project established for any of the following purposes:

15 ‘‘(A) Restoration and monitoring of de16 graded waterways, including revegetation, res17 toration of biological communities, and changes

18 in land management practices.

19 ‘‘(B) Reestablishment of stream channel

20 quasi-equilibrium.

21 ‘‘(C) Restoration or establishment of wet22 land and riparian environments as part of a

23 multiobjective stormwater management system

24 in which the restored or established areas pro25 vide stormwater storage, detention, and reten-
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1 tion, nutrient filtering, wildlife habitat, and in2 creased biological diversity.

3 ‘‘(D) Reduction of runoff.

4 ‘‘(E) Stream bank restoration using the

5 principles of biotechnical slope protection.

6 ‘‘(F) Creation and acquisition of

7 multiobjective floodplain riparian zones, includ8 ing removal of natural or humanmade levees,

9 for floodwater and sediment storage, wildlife

10 habitat, and recreation.

11 ‘‘(G) Removal of culverts and storm drains

12 to establish natural environmental conditions.

13 ‘‘(H) Organization of local watershed coun14 cils in conjunction with the implementation of

15 on-the-ground action education or restoration

16 projects.

17 ‘‘(I) Training of participants, including

18 youth conservation and service corps program

19 participants, in restoration techniques in con20 junction with the implementation of on-the21 ground action education or restoration projects.

22 ‘‘(J) Development of waterway restoration

23 or watershed plans that are intended for use

24 within the grant agreement period to carry out

25 specific restoration projects.
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1 ‘‘(K) Restoration of any stream channel to

2 reestablish a meandering, bankfull flow channel,

3 riparian vegetation, and floodplain in order—

4 ‘‘(i) to restore the functions and dy5 namics of a natural stream system to a

6 previously channelized waterway; or

7 ‘‘(ii) to convey larger flood flows as an

8 alternative to a channelization project.

9 ‘‘(L) Release of reservoir flows to restore

10 riparian and instream habitat.

11 ‘‘(M) Carrying out watershed or wetland

12 programs that have undergone planning pursu13 ant to other Federal, State, tribal, or local pro14 grams and laws and have received necessary en15 vironmental review and permits.

16 ‘‘(N) Carrying out early action projects

17 that a watershed council wants to carry out

18 prior to the completion of the required final

19 consensus watershed plan of the council, if the

20 council determines that the project meets the

21 watershed management objectives of the council

22 and is useful in fostering citizen involvement in

23 the planning process.

24 ‘‘(4) PRIORITY PROJECTS.—Projects that have

25 any of the following attributes shall be given priority
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1 by interdisciplinary teams established under sub2 section (g) in determining funding priorities:

3 ‘‘(A) Projects located in or directly benefit4 ing low-income or economically depressed areas

5 adversely impacted by poor watershed manage6 ment.

7 ‘‘(B) Projects that will restore or create

8 businesses or occupations in the project area.

9 ‘‘(C) Projects providing opportunities for

10 participants in Federal, State, tribal, and local

11 youth conservation and service corps and pro12 vide training in environmental restoration, mon13 itoring, and inventory work.

14 ‘‘(D) Projects serving communities com15 posed of minorities or Native Americans, in16 cluding the development of outreach programs

17 to facilitate the participation by the groups in

18 the program.

19 ‘‘(E) Projects identified as regional prior20 ities that have been planned within a regional

21 context and coordinated with Federal, State,

22 tribal, and local agencies.

23 ‘‘(F) Projects that will restore wildlife or

24 fisheries of commercial, recreational, subsist25 ence, or scientific concern.
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1 ‘‘(G) Projects training and employing fish2 ers and other resource harvesters whose liveli3 hoods have been adversely impacted by habitat

4 degradation.

5 ‘‘(H) Projects providing significant im6 provements in ecological values and functions in

7 the project area.

8 ‘‘(I) Projects previously approved under

9 this Act that meet or are redesigned to meet

10 the requirements of this section.

11 ‘‘(5) COST-BENEFIT ANALYSIS.—A project shall

12 be eligible for assistance under the program if an

13 interdisciplinary team established under subsection

14 (g) determines that the local social, economic, eco15 logical, and community benefits of the project based

16 on local needs, problems, and conditions equal or ex17 ceed the financial and social costs of the project.

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

19 for which 1 of the purposes is to reduce flood dam20 ages shall be designed for the level of risk selected

21 by the local sponsor and cosponsor of the project,

22 taking into account local needs for the reduction of

23 flood risks, the ability of the sponsor and cosponsor

24 to pay project costs, and community objectives to

25 protect or restore environmental quality.
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1 ‘‘(7) INELIGIBLE PROJECTS.—A project involv2 ing channelization, stream bank stabilization using a

3 method other than a biotechnical slope protection

4 method, or construction of a reservoir shall not be

5 eligible for assistance under the program.

6 ‘‘(d) PROGRAM ADMINISTRATION.—

7 ‘‘(1) DESIGNATION OF PROGRAM ADMINISTRA8 TORS.—The Secretary shall designate a program ad9 ministrator for each State who shall be responsible

10 for administering the program in the State. Except

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

12 designate the State Conservationist of the Soil Con13 servation Service of a State as the program adminis14 trator of the State.

15 ‘‘(2) APPROVAL OF STATE AGENCIES.—

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

17 to the Secretary an application for designation

18 of a State agency to serve as the program ad19 ministrator of the State.

20 ‘‘(B) CRITERIA.—The Secretary shall ap21 prove an application of a State submitted under

22 subparagraph (A) if the application dem23 onstrates—
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1 ‘‘(i) the ability of the State agency to

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

3 year grant administration cycle;

4 ‘‘(ii) the responsiveness of the State

5 agency to the administrative needs and

6 limitations of small nonprofit organizations

7 and low-income or minority communities;

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

9 in carrying out State or local programs

10 with objectives similar to the objectives of

11 this section; and

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

13 jointly plan and carry out with Indian

14 tribes programs with objectives similar to

15 this section.

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

17 determines, after a public hearing, that a State

18 agency with an approved application under this

19 paragraph no longer meets the criteria set forth

20 in subparagraph (B), the Secretary shall so no21 tify the State and, if appropriate corrective ac22 tion has not been taken within a reasonable

23 time, withdraw the designation of the State

24 agency as the program administrator of the

25 State and designate the State Conservationist
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1 of the Soil Conservation Service of the State as

2 the program administrator of the State.

3 ‘‘(3) TECHNICAL ASSISTANCE.—The State Con4 servationist of a State shall continue to carry out

5 the technical assistance portion of the program in

6 the State even if the State receives approval of an

7 application submitted under paragraph (2)(A).

8 ‘‘(e) GRANT APPLICATION CYCLE.—

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

10 shall be awarded on an annual basis.

11 ‘‘(2) GRANT AGREEMENTS.—The program ad12 ministrator of a State may enter into a grant agree13 ment with an eligible entity to permit the entity to

14 phase in a project under the program for a period

15 of not to exceed 3 years, except that the project

16 shall remain subject to reevaluation each year as

17 part of the annual funding cycle.

18 ‘‘(f) SELECTION OF PROJECTS.—

19 ‘‘(1) APPLICATIONS.—To receive assistance to

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

21 an eligible entity shall submit to the program admin22 istrator of the State an application that is in such

23 form and contains such information as the Secretary

24 may by regulation require.
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1 ‘‘(2) REVIEW OF APPLICATIONS BY INTER2 DISCIPLINARY TEAMS.—

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

4 assistance under the program received by the

5 program administrator of a State shall be

6 transmitted to the interdisciplinary team of the

7 State established pursuant to subsection (g).

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

9 interdisciplinary team of each State shall—

10 ‘‘(i) review applications transmitted to

11 the team pursuant to subparagraph (A);

12 ‘‘(ii) determine the eligibility of pro13 posed projects for funding under the

14 program;

15 ‘‘(iii) make recommendations concern16 ing funding priorities for the eligible

17 projects; and

18 ‘‘(iv) transmit the findings and rec19 ommendations of the team to the program

20 administrator of the State.

21 ‘‘(C) PROJECT OPPOSITION BY FEDERAL

22 REPRESENTATIVES.—If 2 or more of the mem23 bers of an interdisciplinary team of a State ap24 pointed pursuant to clause (ii), (iii), or (iv) of

25 subsection (g)(2)(B) are opposed to a project
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1 that is supported by a majority of the members

2 of the interdisciplinary team, a determination

3 on whether the project is eligible to receive as4 sistance under the program shall be made by

5 the Chief of the Soil Conservation Service. In

6 making a determination under this subpara7 graph, the Chief shall consult with the Adminis8 trator of the Environmental Protection Agency,

9 the Director of the Fish and Wildlife Service,

10 and, in a coastal area, the Assistant Adminis11 trator of the National Marine Fisheries Service.

12 The Secretary shall conduct such monitoring

13 activities as are necessary to ensure the success

14 and effectiveness of project determinations

15 made 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 of the interdisciplinary team of the

21 State transmitted pursuant to paragraph (2)(B).

22 ‘‘(g) APPOINTMENT OF INTERDISCIPLINARY

23 TEAMS.—

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

25 in each State an interdisciplinary team of specialists
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1 to assist in reviewing project applications under the

2 program.

3 ‘‘(2) APPOINTMENT.—The interdisciplinary

4 team of a State shall be composed of the following

5 members:

6 ‘‘(A) APPOINTEES OF THE PROGRAM AD7 MINISTRATOR.—Individuals to be appointed on

8 an annual basis by the program administrator

9 of the State, including at least 1 representative

10 of each of the following specialties:

11 ‘‘(i) Hydrologists.

12 ‘‘(ii) Plant ecologists.

13 ‘‘(iii) Aquatic biologists.

14 ‘‘(iv) Biotechnical slope protection

15 experts.

16 ‘‘(v) Landscape architect or planners.

17 ‘‘(vi) Members of the agricultural

18 community.

19 ‘‘(vii) Representatives of the fish and

20 wildlife agency of the State.

21 ‘‘(viii) Representatives of the soil and

22 water conservation agency of the State.

23 ‘‘(B) REPRESENTATIVES OF FEDERAL

24 AGENCIES.—One representative of each of the

25 following Federal agencies to be appointed on
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1 an annual basis by the appropriate regional or

2 State director of the agency:

3 ‘‘(i) The Soil Conservation Service.

4 ‘‘(ii) The Environmental Protection

5 Agency.

6 ‘‘(iii) The National Marine Fisheries

7 Service (in a coastal State).

8 ‘‘(iv) The United States Fish and

9 Wildlife Service.

10 ‘‘(3) AFFILIATION OF MEMBERS.—A member

11 appointed pursuant to paragraph (2)(A) may be an

12 employee of a Federal, State, tribal, or local agency

13 or nonprofit organization.

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

15 The Federal Advisory Committee Act (5 U.S.C. App.

16 2) shall not apply to an interdisciplinary team estab17 lished under this subsection.

18 ‘‘(h) CONDITIONS FOR RECEIVING ASSISTANCE.—

19 ‘‘(1) PROJECT SPONSORS AND COSPONSORS.—

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

21 assistance under the program, a project shall

22 have as project participants both a citizens or23 ganization and a State, regional, tribal, or local

24 governing body, agency, or district.
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1 ‘‘(B) PROJECT SPONSOR.—One of the

2 project participants described in subparagraph

3 (A) shall be designated as the project sponsor.

4 The project sponsor shall act as the principal

5 party making the grant application and have

6 the primary responsibility for executing the

7 grant agreement, submitting invoices, and re8 ceiving reimbursements.

9 ‘‘(C) PROJECT COSPONSOR.—The other

10 project participant described in subparagraph

11 (A) shall be designated as the project cospon12 sor. The project cosponsor shall, jointly with

13 the project sponsor, support and actively par14 ticipate in the project. There may be more than

15 1 cosponsor for any project.

16 ‘‘(2) USE OF GRANT FUNDS.—Grant funds

17 made available under the program shall not supplant

18 other available funds for waterway restoration

19 projects, including developer fees, mitigation, or

20 compensation required as a permit condition or as a

21 result of a violation of the Federal Water Pollution

22 Control Act (33 U.S.C. 1251 et seq.) or any other

23 law.
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1 ‘‘(3) MAINTENANCE REQUIREMENT.—At least 1

2 project sponsor or cosponsor shall be designated as

3 responsible for ongoing maintenance of the project.

4 ‘‘(i) NON-FEDERAL SHARE.—

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

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

7 a project under this section, including structural and

8 nonstructural features, shall be 25 percent.

9 ‘‘(2) ECONOMICALLY DEPRESSED COMMU10 NITIES.—The Secretary may waive all or part of the

11 non-Federal share of the cost of any project that is

12 to be carried out under the program in an economi13 cally depressed community.

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

15 interests may meet any portion of the non-Federal

16 share of the cost of a project under this section

17 through in-kind contributions, including contribu18 tions of labor, involvement of youth service and con19 servation corps program participants, materials,

20 equipment, consulting services, and land.

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

22 after the date of enactment of this section, the Sec23 retary shall issue regulations to establish procedures

24 for granting waivers under paragraph (2).
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1 ‘‘(j) LIMITATIONS ON COSTS OF ADMINISTRATION

2 AND TECHNICAL ASSISTANCE.—Of the total amount made

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

4 ‘‘(1) not to exceed 15 percent may be used for

5 administrative expenses; and

6 ‘‘(2) not to exceed 25 percent may be used for

7 providing technical assistance.

8 ‘‘(k) CONSULTATION WITH FEDERAL AGENCIES.—In

9 establishing and carrying out the program, the Secretary

10 shall consult with the heads of appropriate Federal agen11 cies, including—

12 ‘‘(1) the Administrator of the Environmental

13 Protection Agency;

14 ‘‘(2) the Assistant Secretary of the Army for

15 Civil Works;

16 ‘‘(3) the Director of the United States Fish and

17 Wildlife Service;

18 ‘‘(4) the Commissioner of the Bureau of Rec19 lamation;

20 ‘‘(5) the Director of the Geological Survey;

21 ‘‘(6) the Chief of the Forest Service; and

22 ‘‘(7) the Assistant Administrator for the Na23 tional Marine Fisheries Service.

24 ‘‘(l) CITIZENS OVERSIGHT COMMITTEE.—
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1 ‘‘(1) ESTABLISHMENT.—The Governor of each

2 State shall establish a citizens oversight committee

3 to evaluate management of the program in the

4 State. The membership of a citizens oversight com5 mittee shall represent a diversity of regions, cul6 tures, and watershed management interests.

7 ‘‘(2) PROGRAM COMPONENTS.—A citizens over8 sight committee established under paragraph (1)

9 shall evaluate the following program components:

10 ‘‘(A) Program outreach, accessibility, and

11 service to low-income and minority ethnic com12 munities and displaced resource harvesters.

13 ‘‘(B) The manageability of grant applica14 tion procedures, contracting transactions, and

15 invoicing for disbursement for small nonprofit

16 organizations.

17 ‘‘(C) The success of the program in sup18 porting the range of the program objectives, in19 cluding evaluation of the environmental impacts

20 of the program as carried out.

21 ‘‘(D) The number of jobs created for iden22 tified target groups.

23 ‘‘(E) The diversity of job skills fostered for

24 long-term watershed related employment.
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1 ‘‘(F) The extent of involvement of youth

2 conservation and service corps programs.

3 ‘‘(3) ANNUAL REPORT.—The program adminis4 trator of each State shall issue an annual report

5 summarizing the program evaluation under para6 graph (1). The report shall be signed by each mem7 ber of the citizens oversight committee of the State

8 and shall be submitted to the Secretary.

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

10 The Federal Advisory Committee Act (5 U.S.C. App.

11 2) shall not apply to a citizens oversight committee

12 established under this subsection.

13 ‘‘(m) FUNDING.—

14 ‘‘(1) MINIMUM AMOUNTS.—Not less than 20

15 percent of the total amount made available to carry

16 out this Act for any fiscal year beginning after Sep17 tember 30, 1994, shall be used by the Secretary to

18 carry out this section.

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

20 may accept transfers of funds from other Federal

21 agencies to carry out this section.

22 ‘‘(3) APPLICABILITY OF REQUIREMENTS.—

23 Funds made available to carry out this section, and

24 financial assistance provided with the funds, shall
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1 not be subject to any requirements of this Act other

2 than the requirements of this section.’’.

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