II 

110TH CONGRESS 

2D SESSION S. 3085 

To require the Secretary of the Interior to establish a cooperative watershed 

management program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2008 

Mr. TESTER (for himself, Mr. CRAPO, Mr. BAUCUS, and Mr. CRAIG) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To require the Secretary of the Interior to establish a cooperative watershed management 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 ‘‘Cooperative Watershed 

5 Management Act of 2008’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AFFECTED STAKEHOLDER.—The term ‘‘af9 fected stakeholder’’ means an entity that signifiVerDate Aug 31 2005 05:54 Jun 06, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3085.IS S3085

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1 cantly affects, or is significantly affected by, the 

2 quality or quantity of water in a watershed, as de3 termined by the Secretary. 

4 (2) GRANT RECIPIENT.—The term ‘‘grant re5 cipient’’ means an eligible management entity that 

6 the Secretary has selected to receive a grant under 

7 section 3(c)(2). 

8 (3) MANAGEMENT GROUP.—The term ‘‘man9 agement group’’ means a self-sustaining, cooperative 

10 watershed-wide management group that— 

11 (A) is comprised of each affected stake12 holder of the watershed that is the subject of 

13 the management group; 

14 (B) incorporates the perspectives of a di15 verse array of stakeholders; 

16 (C) is designed to be carried out as a 

17 grassroots, nonregulatory entity to address local 

18 water availability and quality issues within the 

19 watershed that is the subject of the manage20 ment group; and 

21 (D) is capable of managing in a sustain22 able manner the water resources of the water23 shed that is the subject of the management 

24 group and improving the functioning condition 

25 of rivers and streams through— 


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1 (i) water conservation; 

2 (ii) improved water quality; 

3 (iii) ecological resiliency; and 

4 (iv) the reduction of water conflicts. 

5 (4) PROGRAM.—The term ‘‘program’’ means 

6 the cooperative watershed management program es7 tablished by the Secretary under section 3(a). 

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

9 the Secretary of the Interior. 

10 SEC. 3. PROGRAM. 

11 (a) ESTABLISHMENT.—Not later than 180 days after 

12 the date of enactment of this Act, the Secretary shall es13 tablish a program, which shall be known as the ‘‘coopera14 tive watershed management program’’, under which the 

15 Secretary shall provide grants to eligible management en16 tities— 

17 (1) to form a management group; 

18 (2) to enlarge a management group, of which 

19 the eligible management entity is a member; or 

20 (3) to conduct 1 or more projects in accordance 

21 with the goals of a management group, of which the 

22 eligible management entity is a member. 

23 (b) ELIGIBILITY.—To be eligible to receive a grant 

24 under this section, an eligible management entity shall be 

25 comprised of each affected stakeholder of the watershed 


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1 that is the subject of the eligible management entity, in2 cluding to the maximum extent practicable— 

3 (1) representatives of private interests, includ4 ing representatives of— 

5 (A) hydroelectric production; 

6 (B) livestock grazing; 

7 (C) timber production; 

8 (D) land development; 

9 (E) recreation or tourism; 

10 (F) irrigated agricultural production; and 

11 (G) the environment; 

12 (2) any Federal agency that has authority with 

13 respect to the watershed, including not less than 1 

14 representative of— 

15 (A) the Department of Agriculture; 

16 (B) the Department of the Interior; and 

17 (C) the National Oceanic and Atmospheric 

18 Administration; 

19 (3) any State or local agency that has authority 

20 with respect to the watershed; and 

21 (4) any member of an Indian tribe that owns 

22 land within the watershed or has land in the water23 shed held in trust. 

24 (c) APPLICATION.— 


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1 (1) ESTABLISHMENT OF APPLICATION PROC2 ESS; CRITERIA.—Not later than 1 year after the 

3 date of enactment of this Act, the Secretary shall es4 tablish— 

5 (A) an application process under which 

6 each eligible management entity may apply for 

7 a grant under this section; and 

8 (B) criteria for consideration of the appli9 cation of each eligible management entity. 

10 (2) APPLICATION PROCESS.—To be eligible to 

11 receive a grant under this section, an eligible man12 agement entity shall submit to the Secretary an ap13 plication in accordance with the application process 

14 and criteria established by the Secretary under para15 graph (1). 

16 (d) DISTRIBUTION OF GRANT FUNDS.— 

17 (1) IN GENERAL.—In distributing grant funds 

18 under this section, the Secretary shall comply with 

19 paragraph (2). 

20 (2) FUNDING PROCEDURE.— 

21 (A) FIRST PHASE.— 

22 (i) IN GENERAL.—During the first 

23 phase of a grant established under this 

24 subparagraph, the Secretary may provide 

25 to a grant recipient a grant in an amount 


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1 of not greater than $100,000 each year for 

2 a period of not more than 3 years. 

3 (ii) MANDATORY USE OF FUNDS.—A 

4 grant recipient that receives funds through 

5 a grant during the first phase shall use the 

6 funds— 

7 (I) to establish or enlarge a man8 agement group; 

9 (II) to develop a mission state10 ment for the management group; and 

11 (III) to develop project concepts. 

12 (iii) ANNUAL DETERMINATION OF

13 ELIGIBILITY.— 

14 (I) DETERMINATION.—For each 

15 year of the first phase, not later than 

16 270 days after the date on which a 

17 grant recipient first receives grant 

18 funds for the year, the Secretary shall 

19 determine whether the grant recipient 

20 has made sufficient progress during 

21 the year to justify additional funding. 

22 (II) EFFECT OF DETERMINA23 TION.—If the Secretary determines 

24 under subclause (I) that the progress 

25 of a grant recipient during the year 


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1 covered by the determination justifies 

2 additional funding, the Secretary shall 

3 provide to the grant recipient grant 

4 funds for the year following the year 

5 during which the determination was 

6 made. 

7 (iv) ADVANCEMENT CONDITIONS.—A 

8 grant recipient shall not be eligible to re9 ceive grant funds during the second phase 

10 described in subparagraph (B) until the 

11 date on which the Secretary determines 

12 that the management group established by 

13 the grant recipient is— 

14 (I) fully formed, including the 

15 drafting and approval of articles of in16 corporation and bylaws governing the 

17 organization; and 

18 (II) fully functional, including 

19 holding regular meetings, having 

20 reached a consensus on the mission of 

21 the group, and having developed 

22 project concepts. 

23 (B) SECOND PHASE.— 

24 (i) IN GENERAL.—During the second 

25 phase of a grant established under this 


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1 subparagraph, the Secretary may provide 

2 to a grant recipient a grant in an amount 

3 of not greater than $1,000,000 each year 

4 for a period of not more than 4 years. 

5 (ii) MANDATORY USE OF FUNDS.—A 

6 grant recipient that receives funds through 

7 a grant under the second phase shall use 

8 the funds to carry out watershed manage9 ment projects. 

10 (iii) ANNUAL DETERMINATION OF

11 ELIGIBILITY.— 

12 (I) DETERMINATION.—For each 

13 year of the second phase, not later 

14 than 270 days after the date on which 

15 a grant recipient first receives grant 

16 funds for the year, the Secretary shall 

17 determine whether the grant recipient 

18 has made sufficient progress during 

19 the year to justify additional funding. 

20 (II) EFFECT OF DETERMINA21 TION.—If the Secretary determines 

22 under subclause (I) that the progress 

23 of a grant recipient during the year 

24 covered by the determination justifies 

25 additional funding, the Secretary shall 


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1 provide to the grant recipient grant 

2 funds for the year following the year 

3 during which the determination was 

4 made. 

5 (iv) ADVANCEMENT CONDITION.—A 

6 grant recipient shall not be eligible to re7 ceive grant funds during the third phase 

8 described in subparagraph (C) until the 

9 date on which the Secretary determines 

10 that the grant recipient has— 

11 (I) completed each requirement 

12 with respect to each year of the sec13 ond phase; and 

14 (II) demonstrated that 1 or more 

15 pilot projects of the grant recipient 

16 have resulted in demonstrable im17 provements in the functioning condi18 tion of at least 1 river or stream in 

19 the watershed. 

20 (C) THIRD PHASE.— 

21 (i) FUNDING LIMITATION.— 

22 (I) IN GENERAL.—Except as pro23 vided in subclause (II), during the 

24 third phase of a grant established 

25 under this subparagraph, the SecVerDate Aug 31 2005 05:54 Jun 06, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3085.IS S3085

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1 retary may provide to a grant recipi2 ent a grant in an amount of not 

3 greater than $5,000,000 for a period 

4 of not more than 5 years. 

5 (II) EXCEPTION.—The Secretary 

6 may provide to a grant recipient a 

7 grant in an amount that is greater 

8 than the amount described in sub9 clause (I) if the Secretary determines 

10 that the grant recipient is capable of 

11 using the additional amount to 

12 achieve an appropriate increase in an 

13 economic, social, or environmental 

14 benefit that could not otherwise be 

15 achieved by the grant recipient 

16 through the amount described in sub17 clause (I). 

18 (ii) MANDATORY USE OF FUNDS.—A 

19 grant recipient that receives funds through 

20 a grant under the third phase shall use the 

21 funds to carry out not less than 1 water22 shed management project of the grant re23 cipient. 


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1 (3) PERMISSIVE USE OF FUNDS.—A grant re2 cipient that receives funds through a grant under 

3 this section may use the funds— 

4 (A) to pay for— 

5 (i) the administrative costs of the 

6 management group of the grant recipient; 

7 (ii) the salary of not more than 1 full8 time employee of the management group of 

9 the grant recipient; and 

10 (iii) any legal fees of the grant recipi11 ent arising from the establishment of the 

12 management group of the grant recipient; 

13 (B) to fund— 

14 (i) studies of the watershed that is 

15 managed by the management group of the 

16 grant recipient; and 

17 (ii) any project— 

18 (I) described in the mission state19 ment of the management group of the 

20 grant recipient; and 

21 (II) to be carried out by the 

22 management group of the grant re23 cipient to achieve any goal of the 

24 management group; 


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1 (C) to carry out demonstration projects re2 lating to water conservation or alternative water 

3 uses; and 

4 (D) to expand a management group that is 

5 established by the grant recipient. 

6 (4) REQUIREMENT OF CONSENSUS OF MEM7 BERS OF MANAGEMENT GROUP.—A management 

8 group of a grant recipient may not use grant funds 

9 for any initiative of the management group unless 

10 the group reaches a consensus decision. 

11 (e) COST SHARE.— 

12 (1) PLANNING.—The Federal share of the cost 

13 of any activity of a management group of a grant 

14 recipient relating to any use required under sub15 section (d)(2)(A)(ii) shall be 100 percent. 

16 (2) PROJECTS CARRIED OUT UNDER SECOND

17 PHASE.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the Federal share of the costs of any 

20 activity of a management group of a grant re21 cipient relating to a watershed management 

22 project described in subsection (d)(2)(B)(ii) 

23 shall not exceed 60 percent of the total costs of 

24 the watershed management project. 


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1 (B) LIMITATION.—To pay for any costs re2 lating to administrative expenses incurred for a 

3 watershed management project described in 

4 subsection (d)(2)(B)(ii), a management group 

5 of a grant recipient may use grant funds in an 

6 amount not greater than the lesser of— 

7 (i) $100,000; or 

8 (ii) 20 percent of the total amount of 

9 the Federal share provided to the manage10 ment group to carry out the watershed 

11 management project. 

12 (C) FORM OF NON-FEDERAL SHARE.—The 

13 non-Federal share under subparagraph (A) may 

14 be in the form of any in-kind contributions. 

15 (3) PROJECTS CARRIED OUT UNDER THIRD

16 PHASE.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B), the Federal share of the costs of any 

19 activity of a management group of a grant re20 cipient relating to a watershed management 

21 project described in subsection (d)(2)(C)(ii) 

22 shall not exceed 50 percent of the total costs of 

23 the watershed management project. 

24 (B) LIMITATION.—To pay for any costs re25 lating to administrative expenses with respect 


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1 to a watershed management project described 

2 in subsection (d)(2)(C)(ii), a management 

3 group of a grant recipient may use grant funds 

4 in an amount not greater than the lesser of— 

5 (i) $100,000; or 

6 (ii) 20 percent of the total amount of 

7 the Federal share provided to the manage8 ment group to carry out the watershed 

9 management project. 

10 (C) FORM OF NON-FEDERAL SHARE.—The 

11 non-Federal share under subparagraph (A) may 

12 be in the form of any in-kind contributions. 

13 (f) ANNUAL REPORTS.— 

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

15 the date on which a management group of a grant 

16 recipient first receives funds through a grant under 

17 this section, and annually thereafter, in accordance 

18 with paragraph (2), the management group shall 

19 submit to the Secretary a report that describes, for 

20 the period covered by the report, the progress of the 

21 management group with respect to the duties of the 

22 management group. 

23 (2) REQUIRED DEGREE OF DETAIL.—The con24 tents of an annual report required under paragraph 

25 (1) shall contain a degree of detail that is sufficient 


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1 to enable the Secretary to complete each report re2 quired under subsection (g), as determined by the 

3 Secretary. 

4 (g) REPORT.—Not later than 5 years after the date 

5 of enactment of this Act, and every 5 years thereafter, 

6 the Secretary shall submit to the appropriate committees 

7 of Congress a report that describes— 

8 (1) the manner by which the program enables 

9 the Secretary— 

10 (A) to address water conflicts; 

11 (B) to conserve water; and 

12 (C) to improve water quality; and 

13 (2) each benefit that is achieved through the 

14 administration of the program, including, to the 

15 maximum extent practicable, a quantitative analysis 

16 of each economic, social, and environmental benefit. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this sec19 tion— 

20 (1) $2,000,000 for each of fiscal years 2008 

21 and 2009; 

22 (2) $5,000,000 for fiscal year 2010; 

23 (3) $10,000,000 for fiscal year 2011; and 


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1 (4) $20,000,000 for each of fiscal years 2012 

2 through 2020. 

Æ 


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