II 

Calendar No. 999 

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 

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AFFECTED STAKEHOLDER.—The term ‘‘af4 fected stakeholder’’ means an entity that signifi5 cantly affects, or is significantly affected by, the 

6 quality or quantity of water in a watershed, as de7 termined by the Secretary. 

8 (2) GRANT RECIPIENT.—The term ‘‘grant re9 cipient’’ means an eligible management entity that 

10 the Secretary has selected to receive a grant under 

11 section 3(c)(2). 

12 (3) MANAGEMENT GROUP.—The term ‘‘man13 agement group’’ means a self-sustaining, cooperative 

14 watershed-wide management group that— 

15 (A) is comprised of each affected stake16 holder of the watershed that is the subject of 

17 the management group; 

18 (B) incorporates the perspectives of a di19 verse array of stakeholders; 

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

21 grassroots, nonregulatory entity to address local 

22 water availability and quality issues within the 

23 watershed that is the subject of the manage24 ment group; and 

25 (D) is capable of managing in a sustain26 able manner the water resources of the waterVerDate Aug 31 2005 00:04 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S3085.RS S3085

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1 shed that is the subject of the management 

2 group and improving the functioning condition 

3 of rivers and streams through— 

4 (i) water conservation; 

5 (ii) improved water quality; 

6 (iii) ecological resiliency; and 

7 (iv) the reduction of water conflicts. 

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

9 the cooperative watershed management program es10 tablished by the Secretary under section 3(a). 

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

12 the Secretary of the Interior. 

13 SEC. 3. PROGRAM. 

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

15 the date of enactment of this Act, the Secretary shall es16 tablish a program, which shall be known as the ‘‘coopera17 tive watershed management program’’, under which the 

18 Secretary shall provide grants to eligible management en19 tities— 

20 (1) to form a management group; 

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

22 the eligible management entity is a member; or 

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

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

25 eligible management entity is a member. 


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

2 under this section, an eligible management entity shall be 

3 comprised of each affected stakeholder of the watershed 

4 that is the subject of the eligible management entity, in5 cluding to the maximum extent practicable— 

6 (1) representatives of private interests, includ7 ing representatives of— 

8 (A) hydroelectric production; 

9 (B) livestock grazing; 

10 (C) timber production; 

11 (D) land development; 

12 (E) recreation or tourism; 

13 (F) irrigated agricultural production; and 

14 (G) the environment; 

15 (2) any Federal agency that has authority with 

16 respect to the watershed, including not less than 1 

17 representative of— 

18 (A) the Department of Agriculture; 

19 (B) the Department of the Interior; and 

20 (C) the National Oceanic and Atmospheric 

21 Administration; 

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

23 with respect to the watershed; and 


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

2 land within the watershed or has land in the water3 shed held in trust. 

4 (c) APPLICATION.— 

5 (1) ESTABLISHMENT OF APPLICATION PROC6 ESS; CRITERIA.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary shall es8 tablish— 

9 (A) an application process under which 

10 each eligible management entity may apply for 

11 a grant under this section; and 

12 (B) criteria for consideration of the appli13 cation of each eligible management entity. 

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

15 receive a grant under this section, an eligible man16 agement entity shall submit to the Secretary an ap17 plication in accordance with the application process 

18 and criteria established by the Secretary under para19 graph (1). 

20 (d) DISTRIBUTION OF GRANT FUNDS.— 

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

22 under this section, the Secretary shall comply with 

23 paragraph (2). 

24 (2) FUNDING PROCEDURE.— 

25 (A) FIRST PHASE.— 


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1 (i) IN GENERAL.—During the first 

2 phase of a grant established under this 

3 subparagraph, the Secretary may provide 

4 to a grant recipient a grant in an amount 

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

6 a period of not more than 3 years. 

7 (ii) MANDATORY USE OF FUNDS.—A 

8 grant recipient that receives funds through 

9 a grant during the first phase shall use the 

10 funds— 

11 (I) to establish or enlarge a man12 agement group; 

13 (II) to develop a mission state14 ment for the management group; and 

15 (III) to develop project concepts. 

16 (iii) ANNUAL DETERMINATION OF

17 ELIGIBILITY.— 

18 (I) DETERMINATION.—For each 

19 year of the first phase, not later than 

20 270 days after the date on which a 

21 grant recipient first receives grant 

22 funds for the year, the Secretary shall 

23 determine whether the grant recipient 

24 has made sufficient progress during 

25 the year to justify additional funding. 


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1 (II) EFFECT OF DETERMINA2 TION.—If the Secretary determines 

3 under subclause (I) that the progress 

4 of a grant recipient during the year 

5 covered by the determination justifies 

6 additional funding, the Secretary shall 

7 provide to the grant recipient grant 

8 funds for the year following the year 

9 during which the determination was 

10 made. 

11 (iv) ADVANCEMENT CONDITIONS.—A 

12 grant recipient shall not be eligible to re13 ceive grant funds during the second phase 

14 described in subparagraph (B) until the 

15 date on which the Secretary determines 

16 that the management group established by 

17 the grant recipient is— 

18 (I) fully formed, including the 

19 drafting and approval of articles of in20 corporation and bylaws governing the 

21 organization; and 

22 (II) fully functional, including 

23 holding regular meetings, having 

24 reached a consensus on the mission of 


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1 the group, and having developed 

2 project concepts. 

3 (B) SECOND PHASE.— 

4 (i) IN GENERAL.—During the second 

5 phase of a grant established under this 

6 subparagraph, the Secretary may provide 

7 to a grant recipient a grant in an amount 

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

9 for a period of not more than 4 years. 

10 (ii) MANDATORY USE OF FUNDS.—A 

11 grant recipient that receives funds through 

12 a grant under the second phase shall use 

13 the funds to carry out watershed manage14 ment projects. 

15 (iii) ANNUAL DETERMINATION OF

16 ELIGIBILITY.— 

17 (I) DETERMINATION.—For each 

18 year of the second phase, not later 

19 than 270 days after the date on which 

20 a grant recipient first receives grant 

21 funds for the year, the Secretary shall 

22 determine whether the grant recipient 

23 has made sufficient progress during 

24 the year to justify additional funding. 


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1 (II) EFFECT OF DETERMINA2 TION.—If the Secretary determines 

3 under subclause (I) that the progress 

4 of a grant recipient during the year 

5 covered by the determination justifies 

6 additional funding, the Secretary shall 

7 provide to the grant recipient grant 

8 funds for the year following the year 

9 during which the determination was 

10 made. 

11 (iv) ADVANCEMENT CONDITION.—A 

12 grant recipient shall not be eligible to re13 ceive grant funds during the third phase 

14 described in subparagraph (C) until the 

15 date on which the Secretary determines 

16 that the grant recipient has— 

17 (I) completed each requirement 

18 with respect to each year of the sec19 ond phase; and 

20 (II) demonstrated that 1 or more 

21 pilot projects of the grant recipient 

22 have resulted in demonstrable im23 provements in the functioning condi24 tion of at least 1 river or stream in 

25 the watershed. 


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1 (C) THIRD PHASE.— 

2 (i) FUNDING LIMITATION.— 

3 (I) IN GENERAL.—Except as pro4 vided in subclause (II), during the 

5 third phase of a grant established 

6 under this subparagraph, the Sec7 retary may provide to a grant recipi8 ent a grant in an amount of not 

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

10 of not more than 5 years. 

11 (II) EXCEPTION.—The Secretary 

12 may provide to a grant recipient a 

13 grant in an amount that is greater 

14 than the amount described in sub15 clause (I) if the Secretary determines 

16 that the grant recipient is capable of 

17 using the additional amount to 

18 achieve an appropriate increase in an 

19 economic, social, or environmental 

20 benefit that could not otherwise be 

21 achieved by the grant recipient 

22 through the amount described in sub23 clause (I). 

24 (ii) MANDATORY USE OF FUNDS.—A 

25 grant recipient that receives funds through 


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1 a grant under the third phase shall use the 

2 funds to carry out not less than 1 water3 shed management project of the grant re4 cipient. 

5 (3) PERMISSIVE USE OF FUNDS.—A grant re6 cipient that receives funds through a grant under 

7 this section may use the funds— 

8 (A) to pay for— 

9 (i) the administrative costs of the 

10 management group of the grant recipient; 

11 (ii) the salary of not more than 1 full12 time employee of the management group of 

13 the grant recipient; and 

14 (iii) any legal fees of the grant recipi15 ent arising from the establishment of the 

16 management group of the grant recipient; 

17 (B) to fund— 

18 (i) studies of the watershed that is 

19 managed by the management group of the 

20 grant recipient; and 

21 (ii) any project— 

22 (I) described in the mission state23 ment of the management group of the 

24 grant recipient; and 


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1 (II) to be carried out by the 

2 management group of the grant re3 cipient to achieve any goal of the 

4 management group; 

5 (C) to carry out demonstration projects re6 lating to water conservation or alternative water 

7 uses; and 

8 (D) to expand a management group that is 

9 established by the grant recipient. 

10 (4) REQUIREMENT OF CONSENSUS OF MEM11 BERS OF MANAGEMENT GROUP.—A management 

12 group of a grant recipient may not use grant funds 

13 for any initiative of the management group unless 

14 the group reaches a consensus decision. 

15 (e) COST SHARE.— 

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

17 of any activity of a management group of a grant 

18 recipient relating to any use required under sub19 section (d)(2)(A)(ii) shall be 100 percent. 

20 (2) PROJECTS CARRIED OUT UNDER SECOND

21 PHASE.— 

22 (A) IN GENERAL.—Subject to subpara23 graph (B), the Federal share of the costs of any 

24 activity of a management group of a grant re25 cipient relating to a watershed management 


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

2 shall not exceed 60 percent of the total costs of 

3 the watershed management project. 

4 (B) LIMITATION.—To pay for any costs re5 lating to administrative expenses incurred for a 

6 watershed management project described in 

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

8 of a grant recipient may use grant funds in an 

9 amount not greater than the lesser of— 

10 (i) $100,000; or 

11 (ii) 20 percent of the total amount of 

12 the Federal share provided to the manage13 ment group to carry out the watershed 

14 management project. 

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

16 non-Federal share under subparagraph (A) may 

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

18 (3) PROJECTS CARRIED OUT UNDER THIRD

19 PHASE.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), the Federal share of the costs of any 

22 activity of a management group of a grant re23 cipient relating to a watershed management 

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


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1 shall not exceed 50 percent of the total costs of 

2 the watershed management project. 

3 (B) LIMITATION.—To pay for any costs re4 lating to administrative expenses with respect 

5 to a watershed management project described 

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

7 group of a grant recipient may use grant funds 

8 in an amount not greater than the lesser of— 

9 (i) $100,000; or 

10 (ii) 20 percent of the total amount of 

11 the Federal share provided to the manage12 ment group to carry out the watershed 

13 management project. 

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

15 non-Federal share under subparagraph (A) may 

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

17 (f) ANNUAL REPORTS.— 

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

19 the date on which a management group of a grant 

20 recipient first receives funds through a grant under 

21 this section, and annually thereafter, in accordance 

22 with paragraph (2), the management group shall 

23 submit to the Secretary a report that describes, for 

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


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1 management group with respect to the duties of the 

2 management group. 

3 (2) REQUIRED DEGREE OF DETAIL.—The con4 tents of an annual report required under paragraph 

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

6 to enable the Secretary to complete each report re7 quired under subsection (g), as determined by the 

8 Secretary. 

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

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

11 the Secretary shall submit to the appropriate committees 

12 of Congress a report that describes— 

13 (1) the manner by which the program enables 

14 the Secretary— 

15 (A) to address water conflicts; 

16 (B) to conserve water; and 

17 (C) to improve water quality; and 

18 (2) each benefit that is achieved through the 

19 administration of the program, including, to the 

20 maximum extent practicable, a quantitative analysis 

21 of each economic, social, and environmental benefit. 

22 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this sec24 tion— 


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

2 and 2009; 

3 (2) $5,000,000 for fiscal year 2010; 

4 (3) $10,000,000 for fiscal year 2011; and 

5 (4) $20,000,000 for each of fiscal years 2012 

6 through 2020. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Cooperative Watershed 

9 Management Act of 2008’’. 

10 SEC. 2. DEFINITIONS. 

11 In this Act: 

12 (1) AFFECTED STAKEHOLDER.—The term ‘‘af13 fected stakeholder’’ means an entity that significantly 

14 affects, or is significantly affected by, the quality or 

15 quantity of water in a watershed, as determined by 

16 the Secretary. 

17 (2) GRANT RECIPIENT.—The term ‘‘grant recipi18 ent’’ means a watershed group that the Secretary has 

19 selected to receive a grant under section 3(c)(2). 

20 (3) PROGRAM.—The term ‘‘program’’ means the 

21 Cooperative Watershed Management Program estab22 lished by the Secretary under section 3(a). 

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

24 the Secretary of the Interior. 


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1 (5) WATERSHED GROUP.—The term ‘‘watershed 

2 group’’ means a self-sustaining, cooperative water3 shed-wide group that— 

4 (A) is comprised of representatives of the af5 fected stakeholders of the relevant watershed; 

6 (B) incorporates the perspectives of a di7 verse array of stakeholders, including, to the 

8 maximum extent practicable— 

9 (i) representatives of— 

10 (I) hydroelectric production; 

11 (II) livestock grazing; 

12 (III) timber production; 

13 (IV) land development; 

14 (V) recreation or tourism; 

15 (VI) irrigated agricultural pro16 duction; 

17 (VII) the environment; 

18 (VIII) potable water purveyors 

19 and industrial water users; and 

20 (IX) private property owners 

21 within the watershed; 

22 (ii) any Federal agency that has au23 thority with respect to the watershed; 

24 (iii) any State agency that has author25 ity with respect to the watershed; 


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1 (iv) any local agency that has author2 ity with respect to the watershed; and 

3 (v) any Indian tribe that— 

4 (I) owns land within the water5 shed; or 

6 (II) has land in the watershed 

7 that is held in trust; 

8 (C) is a grassroots, nonregulatory entity 

9 that addresses water availability and quality 

10 issues within the relevant watershed; 

11 (D) is capable of promoting the sustainable 

12 use of the water resources of the relevant water13 shed and improving the functioning condition of 

14 rivers and streams through— 

15 (i) water conservation; 

16 (ii) improved water quality; 

17 (iii) ecological resiliency; and 

18 (iv) the reduction of water conflicts; 

19 and 

20 (E) makes decisions on a consensus basis, as 

21 defined in the bylaws of the watershed group. 

22 (6) WATERSHED MANAGEMENT PROJECT.—The 

23 term ‘‘watershed management project’’ means any 

24 project (including a demonstration project) that— 


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1 (A) enhances water conservation, including 

2 alternative water uses; 

3 (B) improves water quality; 

4 (C) improves ecological resiliency of a river 

5 or stream; 

6 (D) reduces the potential for water conflicts; 

7 or 

8 (E) advances any other goals associated 

9 with water quality or quantity that the Sec10 retary determines to be appropriate. 

11 SEC. 3. PROGRAM. 

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

13 the date of enactment of this Act, the Secretary shall estab14 lish a program, to be known as the ‘‘Cooperative Watershed 

15 Management Program’’, under which the Secretary shall 

16 provide grants— 

17 (1)(A) to form a watershed group; or 

18 (B) to enlarge a watershed group; and 

19 (2) to conduct 1 or more projects in accordance 

20 with the goals of a watershed group. 

21 (b) APPLICATION.— 

22 (1) ESTABLISHMENT OF APPLICATION PROCESS; 

23 CRITERIA.—Not later than 1 year after the date of en24 actment of this Act, the Secretary shall establish— 


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1 (A) an application process for the program; 

2 and 

3 (B) in consultation with the States, 

4 prioritization and eligibility criteria for consid5 ering applications submitted in accordance with 

6 the application process. 

7 (c) DISTRIBUTION OF GRANT FUNDS.— 

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

9 under this section, the Secretary— 

10 (A) shall comply with paragraph (2); and 

11 (B) may give priority to watershed groups 

12 that— 

13 (i) represent maximum diversity of in14 terests; or 

15 (ii) serve subbasin-sized watersheds 

16 with an 8-digit hydrologic unit code, as de17 fined by the United States Geological Sur18 vey. 

19 (2) FUNDING PROCEDURE.— 

20 (A) FIRST PHASE.— 

21 (i) IN GENERAL.—The Secretary may 

22 provide to a grant recipient a first-phase 

23 grant in an amount not greater than 

24 $100,000 each year for a period of not more 

25 than 3 years. 


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1 (ii) MANDATORY USE OF FUNDS.—A 

2 grant recipient that receives a first-phase 

3 grant shall use the funds— 

4 (I) to establish or enlarge a water5 shed group; 

6 (II) to develop a mission state7 ment for the watershed group; 

8 (III) to develop project concepts; 

9 and 

10 (IV) to develop a restoration plan. 

11 (iii) ANNUAL DETERMINATION OF ELI12 GIBILITY.— 

13 (I) DETERMINATION.—For each 

14 year of a first-phase grant, not later 

15 than 270 days after the date on which 

16 a grant recipient first receives grant 

17 funds for the year, the Secretary shall 

18 determine whether the grant recipient 

19 has made sufficient progress during the 

20 year to justify additional funding. 

21 (II) EFFECT OF DETERMINA22 TION.—If the Secretary determines 

23 under subclause (I) that the progress of 

24 a grant recipient during the year cov25 ered by the determination justifies adVerDate Aug 31 2005 00:04 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S3085.RS S3085

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1 ditional funding, the Secretary shall 

2 provide to the grant recipient grant 

3 funds for the following year. 

4 (iv) ADVANCEMENT CONDITIONS.—A 

5 grant recipient shall not be eligible to re6 ceive a second-phase grant under subpara7 graph (B) until the date on which the Sec8 retary determines that the watershed 

9 group— 

10 (I) has approved articles of incor11 poration and bylaws governing the or12 ganization; and 

13 (II)(aa) holds regular meetings; 

14 (bb) has completed a mission 

15 statement; and 

16 (cc) has developed a restoration 

17 plan and project concepts for the wa18 tershed. 

19 (v) EXCEPTION.—A watershed group 

20 that has not applied for or received first21 phase grants may apply for and receive sec22 ond-phase grants under subparagraph (B) 

23 if the Secretary determines that the group 

24 has satisfied the requirements of first-phase 

25 grants. 


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1 (B) SECOND PHASE.— 

2 (i) IN GENERAL.—A watershed group 

3 may apply for and receive second-phase 

4 grants of $1,000,000 each year for a period 

5 of not more than 4 years if— 

6 (I) the watershed group has ap7 plied for and received watershed grants 

8 under subparagraph (A); or 

9 (II) the Secretary determines that 

10 the watershed group has satisfied the 

11 requirements of first-phase grants. 

12 (ii) MANDATORY USE OF FUNDS.—A 

13 grant recipient that receives a second-phase 

14 grant shall use the funds to plan and carry 

15 out watershed management projects. 

16 (iii) ANNUAL DETERMINATION OF ELI17 GIBILITY.— 

18 (I) DETERMINATION.—For each 

19 year of the second-phase grant, not 

20 later than 270 days after the date on 

21 which a grant recipient first receives 

22 grant funds for the year, the Secretary 

23 shall determine whether the grant re24 cipient has made sufficient progress 


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1 during the year to justify additional 

2 funding. 

3 (II) EFFECT OF DETERMINA4 TION.—If the Secretary determines 

5 under subclause (I) that the progress of 

6 a grant recipient during the year justi7 fies additional funding, the Secretary 

8 shall provide to the grant recipient 

9 grant funds for the following year. 

10 (iv) ADVANCEMENT CONDITION.—A 

11 grant recipient shall not be eligible to re12 ceive a third-phase grant under subpara13 graph (C) until the date on which the Sec14 retary determines that the grant recipient 

15 has— 

16 (I) completed each requirement of 

17 the second-phase grant; and 

18 (II) demonstrated that 1 or more 

19 pilot projects of the grant recipient 

20 have resulted in demonstrable improve21 ments, as determined by the Secretary, 

22 in the functioning condition of at least 

23 1 river or stream in the watershed. 

24 (C) THIRD PHASE.— 

25 (i) FUNDING LIMITATION.— 


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1 (I) IN GENERAL.—Except as pro2 vided in subclause (II), the Secretary 

3 may provide to a grant recipient a 

4 third-phase grant in an amount not 

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

6 not more than 5 years. 

7 (II) EXCEPTION.—The Secretary 

8 may provide to a grant recipient a 

9 third-phase grant in an amount that is 

10 greater than the amount described in 

11 subclause (I) if the Secretary deter12 mines that the grant recipient is capa13 ble of using the additional amount to 

14 further the purposes of the program in 

15 a way that could not otherwise be 

16 achieved by the grant recipient using 

17 the amount described in subclause (I). 

18 (ii) MANDATORY USE OF FUNDS.—A 

19 grant recipient that receives a third-phase 

20 grant shall use the funds to plan and carry 

21 out at least 1 watershed management 

22 project. 

23 (3) AUTHORIZING USE OF FUNDS FOR ADMINIS24 TRATIVE AND OTHER COSTS.—A grant recipient that 


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1 receives a grant under this section may use the 

2 funds— 

3 (A) to pay for— 

4 (i) administrative and coordination 

5 costs, if the costs are not greater than the 

6 lesser of— 

7 (I) 20 percent of the total amount 

8 of the grant; or 

9 (II) $100,000; 

10 (ii) the salary of not more than 1 full11 time employee of the watershed group; and 

12 (iii) any legal fees arising from the es13 tablishment of the relevant watershed group; 

14 and 

15 (B) to fund— 

16 (i) water quality and quantity studies 

17 of the relevant watershed; and 

18 (ii) the planning, design, and imple19 mentation of any projects relating to water 

20 quality or quantity. 

21 (d) COST SHARE.— 

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

23 an activity provided assistance through a first-phase 

24 grant shall be 100 percent. 


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1 (2) PROJECTS CARRIED OUT UNDER SECOND

2 PHASE.— 

3 (A) IN GENERAL.—The Federal share of the 

4 cost of any activity of a watershed management 

5 project provided assistance through a second6 phase grant shall not exceed 50 percent of the 

7 total cost of the activity. 

8 (B) FORM OF NON-FEDERAL SHARE.—The 

9 non-Federal share under subparagraph (A) may 

10 be in the form of in-kind contributions. 

11 (3) PROJECTS CARRIED OUT UNDER THIRD

12 PHASE.— 

13 (A) IN GENERAL.—The Federal share of the 

14 costs of any activity of a watershed group of a 

15 grant recipient relating to a watershed manage16 ment project provided assistance through a third17 phase grant shall not exceed 50 percent of the 

18 total costs of the watershed management project. 

19 (B) FORM OF NON-FEDERAL SHARE.—The 

20 non-Federal share under subparagraph (A) may 

21 be in the form of in-kind contributions. 

22 (e) ANNUAL REPORTS.— 

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

24 the date on which a grant recipient first receives 

25 funds under this section, and annually thereafter, in 


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1 accordance with paragraph (2), the watershed group 

2 shall submit to the Secretary a report that describes 

3 the progress of the watershed group. 

4 (2) REQUIRED DEGREE OF DETAIL.—The con5 tents of an annual report required under paragraph 

6 (1) shall contain sufficient information to enable the 

7 Secretary to complete each report required under sub8 section (f), as determined by the Secretary. 

9 (f) REPORT.—Not later than 5 years after the date of 

10 enactment of this Act, and every 5 years thereafter, the Sec11 retary shall submit to the Committee on Energy and Nat12 ural Resources of the Senate and the Committee on Natural 

13 Resources of the House of Representatives a report that de14 scribes— 

15 (1) the ways in which the program assists the 

16 Secretary— 

17 (A) in addressing water conflicts; 

18 (B) in conserving water; 

19 (C) in improving water quality; and 

20 (D) in improving the ecological resiliency of 

21 a river or stream; and 

22 (2) benefits that the program provides, includ23 ing, to the maximum extent practicable, a quan24 titative analysis of economic, social, and environ25 mental benefits. 


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29 

•S 3085 RS

1 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section— 

3 (1) $2,000,000 for each of fiscal years 2008 and 

4 2009; 

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

6 (3) $10,000,000 for fiscal year 2011; and 

7 (4) $20,000,000 for each of fiscal years 2012 

8 through 2020. 

9 SEC. 4. EFFECT OF ACT. 

10 Nothing in this Act affects the applicability of any 

11 Federal, State, or local law with respect to any watershed 

12 group. 


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Calendar No. 999 

110TH CONGRESS 

2D SESSION S. 3085 

A BILL 

To require the Secretary of the Interior to establish 

and for other purposes. a cooperative watershed management program, 

SEPTEMBER 16, 2008 

Reported with an amendment 


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