II

106TH CONGRESS

2D SESSION S. 2441

To amend the Federal Water Pollution Control Act to establish a program

for fisheries habitat protection, restoration, and enhancement, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 2000

Mr. BOND (for himself and Mrs. LINCOLN) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

A BILL

To amend the Federal Water Pollution Control Act to establish a program for fisheries habitat protection, restoration, and enhancement, 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 ‘‘Fishable Waters Act

5 of 2000’’.

6 SEC. 2. FINDINGS AND POLICY.

7 (a) FINDINGS.—Congress finds that—

8 (1) the extensive and diverse fishery resources

9 of the United States—
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1 (A) are of enormous recreational and eco2 nomic benefit to the United States, providing

3 employment, subsistence, tourism, and whole4 some, family-oriented recreational opportunities

5 for millions of people; and

6 (B) contribute billions of dollars to the

7 economy of the United States;

8 (2) it is in the best interest of the United

9 States to secure the benefits of fishery resources

10 by—

11 (A) protecting and restoring healthy fish

12 populations in inland and coastal aquatic envi13 ronments; and

14 (B) enhancing fishing opportunities;

15 (3) sufficient water of good quality is 1 of the

16 most significant requirements for sustaining and re17 storing the productivity of fisheries in the water18 sheds and coastal areas of the United States;

19 (4) despite the success of federally funded fish

20 and wildlife restoration programs in restoring fish

21 and wildlife across the United States, and the suc22 cess of the Federal Water Pollution Control Act (33

23 U.S.C. 1251 et seq.) in improving water quality in

24 the surface water of the United States, the national

25 goal of providing for the protection and propagation
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1 of fish, shellfish, and wildlife has not been fully real2 ized;

3 (5) the goal of providing for the protection and

4 propagation of fish, shellfish, and wildlife could be

5 significantly advanced through a renewed commit6 ment and sustained effort, in coordination with fish

7 and wildlife restoration programs and clean water

8 programs—

9 (A) to protect and restore freshwater and

10 marine fisheries habitat; and

11 (B) to enhance access for fisheries uses for

12 present and future generations;

13 (6) the loss of aquatic and riparian habitat

14 through activities such as physical alteration of wa15 tercourses, obsolete flood-control structures and

16 practices, stream blockages, erosion and sedimenta17 tion, excessive water flow diversion and consumption,

18 and destruction or modification of wetland have

19 caused significant declines in fish populations and

20 access to fishing opportunities throughout the

21 United States;

22 (7) urban communities are disproportionately

23 affected by aquatic habitat loss, loss of species diver24 sity, invasion of exotic species, and lack of public ac25 cess to waterways and fishing opportunities;
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1 (8) the United States can achieve significant

2 progress toward providing for the protection and

3 propagation of fish, shellfish, and wildlife through a

4 voluntary, non-regulatory, incentive-based program

5 that is—

6 (A) based on Federal technical and finan7 cial assistance; and

8 (B) coupled with planning and implemen9 tation on a watershed basis by local, regional,

10 State, and tribal organizations;

11 (9) the program referred to in paragraph (8)

12 should be designed and carried out—

13 (A) to characterize aquatic habitats in

14 terms of suitability for fisheries;

15 (B) to review and supplement established

16 fisheries objectives or to establish new objec17 tives;

18 (C) to identify the factors and activities

19 causing adverse impacts or threats to fisheries

20 habitats and uses; and

21 (D) to define and implement site-specific

22 projects and measures, with the willing consent

23 of affected landowners, necessary for the pro24 tection and restoration of fisheries habitat and

25 enhancement of access; and
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1 (10) flexibility and innovation that lead to im2 proved habitat and sustained fish production, to3 gether with a special emphasis on identifying and

4 prioritizing program efforts for urban and other

5 high priority watersheds, is necessary to achieve the

6 necessary progress on an equitable, cost-effective

7 basis.

8 (b) POLICY.—Section 101(a) of the Federal Water

9 Pollution Control Act (33 U.S.C. 1251(a)) is amended—

10 (1) by striking ‘‘and’’ at the end of paragraph

11 (6);

12 (2) by striking the period at the end of para13 graph (7) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(8) it is the national policy to achieve—

16 ‘‘(A) the protection and restoration of sus17 tained fish production and fisheries habitat in

18 the watersheds and marine environment of the

19 United States; and

20 ‘‘(B) the enhancement of access for fish21 eries uses through a combination of voluntary

22 watershed planning and incentives for the im23 plementation of site-specific, fisheries habitat24 related projects and measures.’’.
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1 SEC. 3. FISHERIES HABITAT PROTECTION, RESTORATION,

2 AND ENHANCEMENT PROGRAM.

3 (a) IN GENERAL.—Title III of the Federal Water

4 Pollution Control Act (33 U.S.C. 1311 et seq.) is amended

5 by adding at the end the following:

6 ‘‘SEC. 321. FISHERIES HABITAT PROTECTION, RESTORA7 TION, AND ENHANCEMENT.

8 ‘‘(a) DEFINITIONS.—In this section:

9 ‘‘(1) ACCESS RESTRICTED WATER.—The term

10 ‘access restricted water’ means high value water, the

11 public use and enjoyment of fisheries of which is sig12 nificantly limited by lack of access.

13 ‘‘(2) COUNCIL.—The term ‘council’ means a

14 watershed council designated under subsection

15 (c)(4).

16 ‘‘(3) HABITAT LIMITED WATER.—The term

17 ‘habitat limited water’ means water in which the at18 tainment of healthy, resilient, diverse, and produc19 tive aquatic systems necessary to sustain socially,

20 ecologically, or economically important fisheries is

21 adversely affected by physical, chemical, or biological

22 conditions that can be remediated.

23 ‘‘(4) HIGH PRIORITY WATERSHED.—The term

24 ‘high priority watershed’ means a watershed des25 ignated under State law, as described in subsection

26 (b), for which available information demonstrates a
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1 high likelihood that the planning and other activities

2 authorized under this section could achieve signifi3 cant progress toward protection or restoration of

4 habitat for fisheries that exhibit substantial existing

5 or potential biological, commercial, or recreational

6 value.

7 ‘‘(5) HIGH VALUE WATER.—The term ‘high

8 value water’ means water, the physical, chemical,

9 and biological conditions of which sustain socially,

10 ecologically, or economically important fisheries.

11 ‘‘(6) PROGRAM.—The term ‘program’ means a

12 program for the protection and restoration of the

13 fisheries habitat and uses described in subsection

14 (b)(1)(A).

15 ‘‘(7) PLAN.—The term ‘plan’ means a com16 prehensive fisheries habitat protection, restoration,

17 and enhancement plan developed by a council under

18 subsection (d)(1)(A).

19 ‘‘(8) REVITALIZATION PROGRAM.—The term

20 ‘revitalization program’ means the community fish21 eries habitat revitalization program established

22 under subsection (g).

23 ‘‘(9) REVITALIZATION PROJECT.—The term ‘re24 vitalization project’ means a project for community
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1 fisheries habitat revitalization conducted under a re2 vitalization program.

3 ‘‘(10) SECRETARY.—The term ‘Secretary’

4 means the Secretary of Agriculture, acting in con5 sultation with—

6 ‘‘(A) the Administrator of the Environ7 mental Protection Agency;

8 ‘‘(B) the Secretary of Commerce; and

9 ‘‘(C) the Secretary of the Interior.

10 ‘‘(11) STATE FISH AND WILDLIFE AGENCY.—

11 The term ‘State fish and wildlife agency’ means the

12 commission, department, agency, or agencies within

13 each State that has or have primary legal authority

14 for the conservation of fish and wildlife in the State.

15 ‘‘(12) STATE.—The term ‘State’, when used in

16 a political sense, means any 1 or more of the fol17 lowing authorities of a State receiving assistance

18 under this section acting under jurisdiction provided

19 under State law:

20 ‘‘(A) The chief executive officer of a State.

21 ‘‘(B) A State agency charged with ensur22 ing water quality standards.

23 ‘‘(C) A State fish and wildlife agency.

24 ‘‘(13) STATE TECHNICAL COMMITTEE.—The

25 term ‘State technical committee’ means a State tech-
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1 nical committee established by the Secretary under

2 subtitle G of the Food Security Act of 1985 (16

3 U.S.C. 3861 et seq.) to provide technical assistance

4 relating to conservation.

5 ‘‘(14) WATERSHED.—The term ‘watershed’

6 means, with respect to a river, stream, or other sur7 face water body, the drainage area that contributes

8 water to that river, stream, or water body.

9 ‘‘(15) URBAN WATERSHED.—The term ‘urban

10 watershed’ means a watershed or portion of a water11 shed located wholly or substantially within the

12 boundaries of an urbanized area, as designated by

13 the Bureau of the Census, or a municipality of

14 10,000 or more persons.

15 ‘‘(b) STATE PROGRAMS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) ESTABLISHMENT.—To be eligible for

18 assistance under this section, a State shall es19 tablish a program for—

20 ‘‘(i) the protection and restoration of

21 fresh water, estuarine, and marine fish22 eries habitat; and

23 ‘‘(ii) the enhancement of access for

24 fisheries uses through watershed planning

25 and the implementation of projects, activi-
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1 ties, and measures that meet the require2 ments of this section.

3 ‘‘(B) EFFECT OF SECTION.—Nothing in

4 this section—

5 ‘‘(i) alters, or requires alteration of,

6 the authority or jurisdiction of a State fish

7 and wildlife agency;

8 ‘‘(ii) affects the authority, jurisdiction,

9 or responsibility of a State to manage, con10 trol, and regulate fish and resident wildlife

11 (including habitat of fish and resident

12 wildlife) under State law (including regula13 tions);

14 ‘‘(iii) except as specifically provided in

15 this section, affects, alters, suspends, or

16 delays implementation of any other provi17 sion of this Act (including any requirement

18 under a program established under this

19 Act), or the obligations of any party under

20 such a provision; or

21 ‘‘(iv) authorizes any council, State, or

22 Indian tribe to recommend or approve the

23 imposition of any new or more stringent

24 regulatory or compliance obligations under

25 any provision of this Act (including any re-
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1 quirement under a program established

2 under this Act).

3 ‘‘(2) APPLICATION FOR PROGRAM APPROVAL.—

4 ‘‘(A) IN GENERAL.—A State, in coopera5 tion with and, wherever applicable, through the

6 authority of the State fish and wildlife agency

7 or regional fisheries commission, may submit to

8 the Secretary for approval a program described

9 in paragraph (1).

10 ‘‘(B) APPROVAL.—The Secretary shall ap11 prove the program if the Secretary finds, after

12 public notice and opportunity for public com13 ment, that the program satisfies, and the State

14 has the capability to implement, the conditions

15 described in paragraph (3).

16 ‘‘(3) CONDITIONS FOR PROGRAM APPROVAL.—

17 ‘‘(A) ESTABLISHMENT OF ADVISORY RE18 VIEW BOARD.—

19 ‘‘(i) IN GENERAL.—A State shall es20 tablish an advisory review board, com21 mittee, or other advisory body (or expand

22 the authority and duties of any body) to

23 provide recommendations with respect to

24 each decision taken under the program.
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1 ‘‘(ii) MEMBERSHIP.—The membership

2 of the advisory review board shall—

3 ‘‘(I) be fairly balanced in terms

4 of the points of view represented and

5 the functions to be performed;

6 ‘‘(II) be representative of inter7 ests affected by activities carried out

8 under the program (including tribal,

9 private, public, governmental, and

10 nonprofit interests); and

11 ‘‘(III) include 1 or more mem12 bers who represent the interests of

13 designated watershed councils.

14 ‘‘(B) DESIGNATION AND TERMINATION OF

15 COUNCILS.—

16 ‘‘(i) IN GENERAL.—A State shall des17 ignate (or terminate the designation of)

18 councils and associated watersheds in ac19 cordance with subsection (c)(4).

20 ‘‘(ii) DETERMINATION OF HIGH PRI21 ORITY.—In designating a watershed, the

22 State shall determine, based on a review of

23 the best available scientific information col24 lected in cooperation with appropriate

25 State fish and wildlife agencies, whether
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1 the watershed shall be considered a high

2 priority watershed.

3 ‘‘(iii) FORMATION.—A State shall—

4 ‘‘(I) solicit, encourage, and facili5 tate the formation of councils for high

6 priority watersheds; and

7 ‘‘(II) support the formation of

8 councils voluntarily proposed in other

9 watersheds.

10 ‘‘(C) PRIORITY RANKING SYSTEM.—

11 ‘‘(i) IN GENERAL.—A State shall de12 velop, in cooperation with appropriate

13 State fish and wildlife agencies and State

14 technical committees, and provide to coun15 cils, a uniform system for assigning pri16 ority rankings for recommended projects

17 and measures contained in plans submitted

18 for review under the program.

19 ‘‘(ii) SIGNIFICANT PROGRESS.—A pri20 ority ranking system shall be based pri21 marily on the likelihood that recommended

22 projects would achieve significant progress

23 toward protection or restoration of habitat

24 or enhancement of uses for important (or
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1 potentially important) recreational and

2 subsistence fisheries.

3 ‘‘(D) REVIEW OF DECISIONS.—

4 ‘‘(i) IN GENERAL.—A State shall re5 view and issue, in cooperation with appro6 priate State fish and wildlife agencies, de7 cisions concerning—

8 ‘‘(I) fisheries habitat protection,

9 restoration, and enhancement plans;

10 and

11 ‘‘(II) all interim recommenda12 tions to the plans developed, revised,

13 or updated by councils.

14 ‘‘(ii) JUDICIAL REVIEW.—

15 ‘‘(I) IN GENERAL.—A decision

16 referred to under clause (i) shall be

17 subject to judicial review under State

18 law.

19 ‘‘(II) NO FEDERAL REQUIRE20 MENT.—Nothing in this paragraph

21 authorizes the Secretary to require

22 any particular form of judicial review,

23 standard of review, or standing re24 quirements to obtain judicial review.

25 ‘‘(E) FUNDS.—A State shall—
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1 ‘‘(i) receive and administer funds pro2 vided and reserved under this section; and

3 ‘‘(ii) maintain and administer a fish4 eries habitat account for the purpose of

5 providing funds for implementation of

6 council recommendations.

7 ‘‘(F) COORDINATION.—A State shall co8 ordinate (in the case of a shared fisheries habi9 tat, with the watershed planning programs of

10 another State) the development of complemen11 tary approaches to—

12 ‘‘(i) the protection and restoration of

13 fisheries habitat; and

14 ‘‘(ii) the enhancement of access for

15 uses in watersheds.

16 ‘‘(G) REPORT.—A State shall annually

17 submit, to the Secretary, the Administrator,

18 and the Secretary of the Interior, and make

19 available publicly within each designated water20 shed, a report that describes—

21 ‘‘(i) the progress achieved, funds ex22 pended, and monitoring results obtained by

23 councils in the State under the program;

24 and
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1 ‘‘(ii) the plans and objectives of the

2 State for future activities under the pro3 gram.

4 ‘‘(H) RECOMMENDATIONS.—A State shall

5 submit to each affected and interested depart6 ment and agency of the Federal Government all

7 recommendations contained in approved plans

8 and interim recommendations that pertain to

9 the activities or land under the jurisdiction of

10 the department or agency.

11 ‘‘(I) MAJOR WATERWAY SEGMENTS.—A

12 State that elects to consider planning for major

13 waterway segments under the program shall re14 view and issue decisions accepting or rejecting

15 any recommendation provided by the Secretary

16 of the Interior under subsection (h)(4).

17 ‘‘(4) GRANTS FOR IMPLEMENTATION.—On ap18 proval of a program submitted by a State under this

19 subsection, the Secretary may—

20 ‘‘(A) make grants to the State for adminis21 tration of the program, in accordance with sub22 section (h)(3)(A); and

23 ‘‘(B) enter into a memorandum of under24 standing with the State, in accordance with

25 subsection (h)(3)(A)(iii), under which the State
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1 may make grants to councils for development

2 of plans and interim recommendations under

3 subsection (c).

4 ‘‘(c) WATERSHED COUNCILS.—

5 ‘‘(1) IN GENERAL.—A State, under a program

6 approved under subsection (b)—

7 ‘‘(A) may designate 1 or more councils to

8 carry out the planning functions identified in

9 subsection (d); and

10 ‘‘(B) shall designate and describe the wa11 tershed for which each council has planning re12 sponsibility.

13 ‘‘(2) CAPABILITIES AND PURPOSES OF COUN14 CILS.—A council shall be eligible for designation

15 under an approved State program if the council—

16 ‘‘(A) is a voluntary organization that—

17 ‘‘(i) possesses no direct or indirect

18 regulatory authority; and

19 ‘‘(ii) is convened by—

20 ‘‘(I) a State;

21 ‘‘(II) a local governing body, such

22 as a city, county, town, water supply

23 or sewer district, watershed district,

24 drainage district, soil and water con-
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1 servation district, flood control dis2 trict, or irrigation district; or

3 ‘‘(III) any combination of the

4 governing bodies referred to in sub5 clauses (I) and (II).

6 ‘‘(B) has a membership that—

7 ‘‘(i) is fairly balanced, in terms of the

8 points of view represented and the func9 tions to be performed; and

10 ‘‘(ii) is representative of interests

11 within the watershed that may be affected

12 by the activities of the council (including

13 tribal, private, public, governmental, and

14 nonprofit interests, and the interests of

15 special purpose districts, as appropriate);

16 ‘‘(C) has a specific charter, to be approved

17 by the State on designation, that commits the

18 council to achieving the objectives of this sec19 tion in a timely manner;

20 ‘‘(D) has access to expertise that is nec21 essary to perform the objectives of this section

22 in a timely manner, including expertise of—

23 ‘‘(i) members of the council;

24 ‘‘(ii) the State fish and wildlife agency

25 and the State technical committee; or
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1 ‘‘(iii) identified advisory groups, insti2 tutions, or individuals;

3 ‘‘(E) has adopted procedures to ensure

4 public participation in the activities of the coun5 cil; and

6 ‘‘(F) has authority, through an agreement

7 with the member agencies of the council (in8 cluding conservation districts and resource con9 servation districts), to ensure proper adminis10 tration of and accounting for—

11 ‘‘(i) grant funds provided under this

12 section; and

13 ‘‘(ii) other public or private funds.

14 ‘‘(3) OTHER CONSIDERATIONS.—

15 ‘‘(A) WATERSHEDS LOCATED IN MORE

16 THAN 1 STATE.—

17 ‘‘(i) IN GENERAL.—In the case of a

18 watershed, the land and water of which lie

19 within the jurisdiction of more than 1

20 State, the States exercising jurisdiction

21 over the watershed may—

22 ‘‘(I) jointly designate a council to

23 carry out planning functions for the

24 watershed; and
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1 ‘‘(II) choose to facilitate a pro2 gram through establishment of an ap3 propriate regional fisheries commis4 sion.

5 ‘‘(ii) ELECTION NOT TO PARTICI6 PATE.—If a State that shares jurisdiction

7 over a watershed elects not to designate a

8 council as described in clause (i), the re9 maining State or States with jurisdiction

10 over the watershed may exercise the au11 thority under clause (i) with respect to the

12 portions of the watershed under their re13 spective jurisdictions.

14 ‘‘(B) PREFERENCE FOR EXISTING COUN15 CILS.—In designating councils under this sub16 section, a State shall give preference to councils

17 or similar bodies (or portions of councils or

18 similar bodies) that—

19 ‘‘(i) are in existence on the date of en20 actment of this section;

21 ‘‘(ii) are organized under other au22 thorities for purposes similar to the pur23 poses of this section;

24 ‘‘(iii) are local or regional resource

25 planning organizations; and
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1 ‘‘(iv) substantially satisfy the require2 ments of paragraph (2).

3 ‘‘(4) APPLICATION AND DESIGNATION PROC4 ESS.—

5 ‘‘(A) APPLICATIONS.—An organization

6 that meets the requirements of paragraph (2)

7 may apply for designation as a council by sub8 mitting to a State with a program that has

9 been approved under subsection (b)—

10 ‘‘(i) a description of the capabilities

11 and purpose of the organization;

12 ‘‘(ii) the proposed charter of the orga13 nization; and

14 ‘‘(iii) a description of the relevant wa15 tershed.

16 ‘‘(B) DESIGNATIONS.—The State shall—

17 ‘‘(i) review and evaluate the adequacy

18 of the materials submitted under subpara19 graph (A);

20 ‘‘(ii) publish the materials for public

21 comment, if the State determines that all

22 required materials have been submitted;

23 and

24 ‘‘(iii) within a reasonable time after

25 the close of the public comment period,
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1 issue a decision (including a response to

2 significant public comments) that—

3 ‘‘(I) designates the organization

4 as a council, with or without condi5 tions; or

6 ‘‘(II) denies the application for

7 designation.

8 ‘‘(C) EFFECT OF DESIGNATIONS.—If a

9 council continues to serve the purposes of the

10 charter of the council, as determined by the

11 State, the council shall be eligible to receive—

12 ‘‘(i) funding to carry out planning

13 functions under subsection (h); and

14 ‘‘(ii) approval of the plan or revisions

15 to the plan in accordance with this section.

16 ‘‘(d) WATERSHED PLANNING PROCESS.—

17 ‘‘(1) COMPREHENSIVE PLANS.—

18 ‘‘(A) IN GENERAL.—Each council shall de19 velop a comprehensive fisheries habitat protec20 tion, restoration, and enhancement plan for

21 submission to the State that, at a minimum,

22 meets the requirements of paragraph (4).

23 ‘‘(B) CONSIDERATIONS.—In developing a

24 plan under subparagraph (A), a council shall—
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1 ‘‘(i) consider the views of the appro2 priate State fish and wildlife agency to en3 sure that the plan will complement the im4 plementation of fisheries-related plans de5 veloped under other laws or requirements;

6 and

7 ‘‘(ii) consult with the State technical

8 committee, the State department of agri9 culture, and other appropriate organiza10 tions with relevant expertise to ensure that

11 the plan—

12 ‘‘(I) will complement the imple13 mentation of existing State committee

14 plans; and

15 ‘‘(II) reflects a thorough evalua16 tion of the effect of the recommenda17 tions of the council on land use activi18 ties (including agricultural uses).

19 ‘‘(2) INTERIM RECOMMENDATIONS.—

20 ‘‘(A) IN GENERAL.—A council may submit

21 for approval interim recommendations that ad22 dress high priority factors or activities causing

23 imminent adverse impacts or threats to fish24 eries habitat located in high priority portions of

25 water within the watershed.
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1 ‘‘(B) REQUIREMENTS.—An interim rec2 ommendation under subparagraph (A) shall—

3 ‘‘(i) conform to the requirements of

4 paragraph (4)(D);

5 ‘‘(ii) be reviewed in accordance with

6 subsection (d); and

7 ‘‘(iii) have the same effect as rec8 ommendations contained in plans approved

9 under subsection (e).

10 ‘‘(3) DATA COLLECTION AND EXPERTISE.—

11 Each council—

12 ‘‘(A) shall collect and consider the best

13 available scientific information;

14 ‘‘(B) may develop such additional data and

15 information as are necessary or desirable; and

16 ‘‘(C) shall consult with the appropriate

17 State fish and wildlife agency, the State tech18 nical committee, the State water quality agency,

19 and such other experts as are necessary to

20 carry out the comprehensive planning process

21 described in paragraph (4).

22 ‘‘(4) PLANNING ELEMENTS.—

23 ‘‘(A) IN GENERAL.—A plan developed and

24 submitted for approval under this section shall

25 include a description of each of the planning
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1 elements described in subparagraphs (B)

2 through (H).

3 ‘‘(B) CHARACTERIZATION OF WATER AND

4 WATERSHEDS.—A plan described in subpara5 graph (A) shall include an analysis of the water

6 of the watershed in terms of—

7 ‘‘(i)(I) any fisheries-related indicators

8 and habitat characteristics that have been

9 established by the State fish and wildlife

10 agency under subsection (h)(2); or

11 ‘‘(II) before the establishment of those

12 indicators and characteristics, the informa13 tion issued by the Secretary of the Interior

14 under that subsection;

15 ‘‘(ii) geomorphological characteristics;

16 ‘‘(iii) manmade topographic features

17 that govern the quantity or flow of water;

18 ‘‘(iv) wetland, channels, meander

19 belts, erosion zones, and low-lying areas of

20 the floodplain (including a description of

21 any historic and present flooding patterns);

22 ‘‘(v) watershed soils that are present,

23 including—

24 ‘‘(I) the potential of the soil to

25 erode; and
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1 ‘‘(II) measures taken by land2 owners to prevent runoff and erosion;

3 ‘‘(vi) land cover and land uses that af4 fect the ability of the watershed ability to

5 support fishery resources;

6 ‘‘(vii) existing and potential fisheries7 related uses of the watershed (including

8 recreational, subsistence, and economic

9 uses) that are or may be affected by—

10 ‘‘(I) adverse impacts on fisheries

11 habitats; or

12 ‘‘(II) restrictions on public ac13 cess;

14 ‘‘(viii) whether certain water in the

15 watershed should be considered to be habi16 tat limited, of high value, or access re17 stricted for fisheries uses; and

18 ‘‘(ix) protections for fishery and habi19 tat values in existence on the date of re20 ceipt of the materials under this subpara21 graph.

22 ‘‘(C) RECOMMENDED OBJECTIVES.—The

23 council shall develop near-term and long-term

24 objectives for the protection and restoration of

25 fisheries habitat and enhancement of access
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1 within the watershed, including, as relevant and

2 appropriate, recommendations for—

3 ‘‘(i) protection of high-value water

4 through implementation of measures to

5 maintain habitat conditions that will sus6 tain a healthy, resilient, diverse, and pro7 ductive aquatic system;

8 ‘‘(ii) restoration of habitat limited

9 water or portions of habitat limited water

10 through the implementation of measures to

11 produce habitat conditions that will sustain

12 a healthy, resilient, diverse, and productive

13 aquatic system; and

14 ‘‘(iii) enhancement of access for fish15 eries uses in restricted water through im16 plementation of projects or measures to in17 crease public access, use, and enjoyment.

18 ‘‘(D) IDENTIFICATION OF EXISTING FAC19 TORS, ACTIVITIES, PROJECTS, AND MEAS20 URES.—

21 ‘‘(i) IN GENERAL.—The council shall

22 identify—

23 ‘‘(I) the factors and activities

24 causing adverse impacts or threats to

25 fisheries habitat in the watershed;
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1 ‘‘(II) restrictions on access for

2 fisheries uses within the watershed;

3 and

4 ‘‘(III) the projects and measures,

5 in the planning and implementation

6 stages, that are designed to address

7 the adverse impacts, threats, or re8 strictions.

9 ‘‘(ii) SPECIFIC FACTORS AND ACTIVI10 TIES.—At a minimum, a plan shall specifi11 cally consider—

12 ‘‘(I) the causes of degradation or

13 modification of fisheries habitat (such

14 as channelized streams, erosion

15 sources, reduced or modified in16 stream flows, disrupted sediment

17 transport mechanisms, damaged or

18 destroyed riparian vegetation, dam19 aged or destroyed spawning beds, and

20 drained backwater or wetland), includ21 ing any upland activity that contrib22 utes to the degradation or modifica23 tion;

24 ‘‘(II) the principal categories of

25 point and nonpoint sources of pollu-
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1 tion adversely affecting fisheries habi2 tat;

3 ‘‘(III) flood control measures and

4 other floodplain management factors

5 that may have an adverse impact on

6 fisheries habitat;

7 ‘‘(IV) the alteration or reduction

8 of water flows, the timing and mag9 nitude of water-flow management

10 measures, and the acceleration of run11 off that have an adverse impact on

12 fisheries habitat; and

13 ‘‘(V) factors and activities caus14 ing the destruction, modification, or

15 degradation of wetland that may have

16 an adverse impact on fisheries habi17 tat.

18 ‘‘(E) RECOMMENDED PROJECTS AND

19 MEASURES.—

20 ‘‘(i) IN GENERAL.—A plan shall de21 scribe the recommendations of the council

22 for specific projects and measures that

23 should be carried out, strengthened, sup24 ported, or modified—
30

•S 2441 IS

1 ‘‘(I) to achieve the objectives rec2 ommended under subparagraph (C);

3 and

4 ‘‘(II) to address the factors and

5 activities identified under subpara6 graph (D).

7 ‘‘(ii) PRIORITY RANKINGS.—The coun8 cil shall assign a priority ranking to each

9 project and measure for which implementa10 tion payments are recommended under

11 subsection (e).

12 ‘‘(iii) ANTICIPATED EFFECTS.—The

13 plan shall identify anticipated effects on

14 land use activities in existence on the date

15 of completion of the plan.

16 ‘‘(iv) SOURCES OF FUNDING.—For

17 each recommendation, the plan shall iden18 tify potential sources of Federal, State,

19 local, or other financial support to facili20 tate implementation of the recommenda21 tion.

22 ‘‘(F) CATEGORIES.—In making rec23 ommendations, the council shall consider—

24 ‘‘(i) for high value and habitat limited

25 water, any necessary projects and meas-
31

•S 2441 IS

1 ures that should be carried out, strength2 ened, supported, or modified, with the will3 ing consent of persons holding a property

4 interest or interests in affected land, to

5 protect or improve physical fisheries habi6 tat conditions such as—

7 ‘‘(I) instream modifications and

8 structures;

9 ‘‘(II) streamside vegetation;

10 ‘‘(III) modifications to flood con11 trol measures and structures to im12 prove the connection of rivers to low13 lying areas such as backwaters, side

14 channels, oxbows, and tributary

15 mouths;

16 ‘‘(IV) improved floodplain man17 agement practices and flood control

18 programs;

19 ‘‘(V) improved stream flow con20 trol practices;

21 ‘‘(VI) flood-response and dis22 aster-relief planning and measures

23 that will preserve or improve habitat

24 integrity in connection with decisions

25 regarding flood response, cleanup,
32

•S 2441 IS

1 levee restoration, or other alternatives

2 following future floods; and

3 ‘‘(VII) other appropriate tech4 niques for the protection or improve5 ment of fisheries habitat;

6 ‘‘(ii) for nonpoint sources or cat7 egories of nonpoint sources—

8 ‘‘(I) contributing pollutants (in9 cluding sediments) to habitat limited

10 water; and

11 ‘‘(II) any necessary incentives,

12 funding, or other assistance to facili13 tate the implementation, with the will14 ing consent of each person holding a

15 property interest in affected land, of

16 additional or different best manage17 ment practices;

18 ‘‘(iii) for high value and habitat lim19 ited waters, any necessary incentives, fund20 ing, or other assistance, to be carried out

21 with the willing consent of each person

22 holding a property interest in affected

23 land, for the prevention or mitigation of

24 adverse impacts on fisheries habitat from
33

•S 2441 IS

1 the destruction or modification of wetland;

2 and

3 ‘‘(iv) for restricted water, any nec4 essary incentives, funding, or other assist5 ance, to be carried out with the willing

6 consent of each person holding a property

7 interest in affected land, for improvement

8 of public access to the water for enhance9 ment of fisheries uses (including a deter10 mination that recommended enhancements

11 of fisheries uses would be consistent with

12 sustaining a healthy, resilient, diverse, and

13 productive aquatic system in the affected

14 water).

15 ‘‘(G) RECOMMENDED MONITORING.—

16 ‘‘(i) IN GENERAL.—A plan shall

17 describe—

18 ‘‘(I) the recommendations of the

19 council for biological, water quality,

20 water quantity, and other monitoring

21 activities that are necessary to assess

22 the protection, restoration, and en23 hancement benefits realized from im24 plementation of the plan; and
34

•S 2441 IS

1 ‘‘(II) the potential sources of

2 funding and other resources necessary

3 to implement the recommendations.

4 ‘‘(ii) CONSISTENCY.—Monitoring

5 shall, to the maximum extent practicable,

6 be consistent with—

7 ‘‘(I) the duration of the activity

8 being monitored; and

9 ‘‘(II) the need to evaluate the re10 sults of the activity.

11 ‘‘(H) PLANNING PROCESS DOCUMENTA12 TION.—A plan shall—

13 ‘‘(i) describe and document the steps

14 taken by a council during the planning

15 process to meet consultation and public

16 participation obligations; and

17 ‘‘(ii) describe the results of consulta18 tions with persons holding a property in19 terest or interests in the affected land that

20 potentially would be affected by rec21 ommendations contained in the plan.

22 ‘‘(5) PERIODIC REVIEW AND REVISION.—

23 ‘‘(A) IN GENERAL.—Each council shall re24 view and, as necessary or appropriate, revise or

25 update an approved plan on a regular basis for
35

•S 2441 IS

1 as long as the council continues to be author2 ized, but not less frequently than once every 5

3 years.

4 ‘‘(B) APPROVAL.—A revised or updated

5 plan—

6 ‘‘(i) shall be submitted by a council

7 for approval under subsection (d); and

8 ‘‘(ii) if the plan is approved under

9 that subsection, shall have the effect of a

10 plan approved under subsection (e).

11 ‘‘(C) PLANS OF TERMINATED COUNCILS.—

12 The State shall—

13 ‘‘(i) periodically review each approved

14 plan, the administering council of which

15 has been terminated; and

16 ‘‘(ii) decide whether to continue, ter17 minate, or modify the plan in accordance

18 with subsection (d).

19 ‘‘(e) APPROVAL OF PLANS AND INTERIM REC20 OMMENDATIONS.—

21 ‘‘(1) SUBMISSION OF PLANS.—Each council

22 shall submit for approval by the State the plan or

23 interim recommendations in accordance with this

24 subsection.

25 ‘‘(2) PUBLIC PARTICIPATION.—
36

•S 2441 IS

1 ‘‘(A) IN GENERAL.—If a State prelimi2 narily determines that a plan or interim rec3 ommendations submitted under paragraph (1)

4 meet the requirements of subsection (c), the

5 State shall—

6 ‘‘(i) promptly issue public notice and

7 provide an opportunity for a public com8 ment period on the plan or recommenda9 tions; and

10 ‘‘(ii) ensure that each Federal and

11 State agency with jurisdiction over any ex12 penditures, projects, measures, or manage13 ment decisions that are the subject of any

14 recommendation—

15 ‘‘(I) receives a copy of the plan

16 or interim recommendations sub17 mitted for approval; and

18 ‘‘(II) is given an opportunity to

19 consult with the State before the

20 State finalizes the decision on ap21 proval of the plan or recommenda22 tions.

23 ‘‘(B) HEARING.—A public hearing shall be

24 held during the public comment period referred
37

•S 2441 IS

1 to in subparagraph (A)(i) if any interested

2 person—

3 ‘‘(i) requests a hearing; and

4 ‘‘(ii) raises significant issues.

5 ‘‘(3) DECISION.—

6 ‘‘(A) IN GENERAL.—As soon as practicable

7 after the close of the public comment period,

8 the State shall issue, and provide public notice

9 of, a final decision approving or disapproving,

10 in whole or in part, the plan or interim rec11 ommendations.

12 ‘‘(B) COMPONENTS OF DECISION.—The

13 decision shall—

14 ‘‘(i) describe any necessary conditions

15 of, or limitations on, an approval or partial

16 approval;

17 ‘‘(ii)(I) describe the grounds for any

18 disapproval or partial disapproval; and

19 ‘‘(II) specify changes that are re20 quired before the plan or interim rec21 ommendations may be fully approved;

22 ‘‘(iii) indicate whether the appropriate

23 Federal agencies have expressly supported,

24 conditionally supported, or disagreed with
38

•S 2441 IS

1 any recommendations applicable to the

2 agencies;

3 ‘‘(iv) take into consideration—

4 ‘‘(I) the balance and representa5 tion of the membership of the council

6 at the time of submission; and

7 ‘‘(II) the views expressed by

8 council members who do not support

9 1 or more of the recommendations;

10 ‘‘(v) respond to all significant com11 ments received during the public comment

12 process; and

13 ‘‘(vi) prescribe a specific date that is

14 not later than 30 days after the date of the

15 decision on which the decision shall be ef16 fective.

17 ‘‘(4) RESUBMISSION OF PLANS.—A council

18 may—

19 ‘‘(A) revise a plan or interim recommenda20 tion (or a portion of a disapproved plan or in21 terim recommendation) that is disapproved or

22 for which conditions or limitations are pre23 scribed under paragraph (3) in response to the

24 conditions, limitations, or grounds for dis25 approval; and
39

•S 2441 IS

1 ‘‘(B) resubmit the plan or interim rec2 ommendation for reconsideration in accordance

3 with the requirements of this subsection.

4 ‘‘(f) EFFECT OF PLAN APPROVAL.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) CONDITIONS AND PROCEDURES.—

7 After the effective date of any approved plan or

8 interim recommendation, the expenditures,

9 management, planning, and activities described

10 in this subsection shall be subject to the condi11 tions and procedures of this subsection only to

12 the extent that the expenditures, management,

13 planning, or activities take place on or directly

14 affect land or water within the watershed.

15 ‘‘(B) CONSENT OF WILLING SELLER.—

16 Nothing in this section requires any person to

17 undertake or refrain from taking any action

18 under any recommendation contained in an ap19 proved plan or interim recommendation unless

20 willing written consent is obtained from each

21 person holding a property interest in the land

22 affected by the action.

23 ‘‘(2) IMPLEMENTATION EXPENDITURES.—

24 ‘‘(A) IN GENERAL.—Subject to the re25 quirements of this paragraph, projects and
40

•S 2441 IS

1 measures that support or implement specific

2 recommendations contained in an approved plan

3 or interim recommendation shall be eligible for

4 financial support from fisheries habitat account

5 of the State established under subsection

6 (h)(3)(B).

7 ‘‘(B) USE OF FUNDS IN STATE FISHERIES

8 HABITAT ACCOUNTS.—

9 ‘‘(i) PROVISION OF FUNDS.—A State

10 may provide funds from the fisheries habi11 tat account of the State to person that en12 ters into a legally binding contract or other

13 agreement for implementation of existing

14 or new projects and measures rec15 ommended by a council under an approved

16 plan or interim recommendation.

17 ‘‘(ii) PERMITTED USES OF FUNDS.—

18 Funds from a fisheries habitat account of

19 a State may be provided for any purpose

20 identified in an approved plan or interim

21 recommendation, including—

22 ‘‘(I) the design, construction, op23 eration, maintenance, or removal of

24 any structures;
41

•S 2441 IS

1 ‘‘(II) the conduct of activities,

2 such as management practices, that

3 are not otherwise prohibited by law;

4 ‘‘(III) the acquisition of land or

5 easements with the written consent of

6 each person holding a property inter7 est in the affected land;

8 ‘‘(IV) offset payments to local

9 governments when acquisitions reduce

10 local tax revenues;

11 ‘‘(V) the restriction of access to

12 water by, and related provision of al13 ternative water supplies for, livestock;

14 and

15 ‘‘(VI) payments for the purpose

16 of funding, in whole or in part, the in17 creased premiums for crop insurance

18 made necessary by, and for a period

19 consistent with, reduced flood protec20 tion caused by projects or measures

21 recommended under subsection

22 (d)(4)(E)(i).

23 ‘‘(iii) PROHIBITED USES OF FUNDS.—

24 No funds may be expended from a fisheries

25 habitat account of a State for the plan-
42

•S 2441 IS

1 ning, engineering, design, or construction

2 of—

3 ‘‘(I) dams; or

4 ‘‘(II) roads on public land.

5 ‘‘(C) LIMITATION ON COSTS.—

6 ‘‘(i) IN GENERAL.—Each State shall

7 establish a system of appropriate limits on

8 the maximum percentage of total costs for

9 a project or measure that may be provided

10 from the fisheries habitat account of the

11 State.

12 ‘‘(ii) REFLECTION OF PRIORITY

13 RANKINGS.—The system established under

14 clause (i) shall reflect the priority rankings

15 assigned to recommendations contained in

16 approved plans and interim recommenda17 tions.

18 ‘‘(iii) PRIORITY SEQUENCE.—Each

19 State shall use the priority ranking system

20 to establish, and revise annually, a com21 prehensive priority sequence for funding

22 the projects and measures that have been

23 recommended by councils.

24 ‘‘(D) EXPENDITURES FOR NON-FEDERAL

25 SHARE.—
43

•S 2441 IS

1 ‘‘(i) IN GENERAL.—If recommended

2 in an approved plan or interim rec3 ommendation, expenditures from fisheries

4 habitat accounts may be made for the pay5 ment of not to exceed 15 percent of the

6 non-Federal share required under the pro7 grams listed in subparagraph (E).

8 ‘‘(ii) FACTORS FOR EXPENDITURES.—

9 Expenditures under clause (i) may—

10 ‘‘(I) be made for programs with11 out regard to—

12 ‘‘(aa) otherwise applicable

13 limitations under the programs

14 on the maximum funding for in15 dividual projects or activities; or

16 ‘‘(bb) the maximum dura17 tion of funding; and

18 ‘‘(II) be used to fund portions of

19 projects and measures under pro20 grams that may be ineligible for fund21 ing due to size restrictions or other

22 limitations.

23 ‘‘(E) PROGRAMS FOR WHICH EXPENDI24 TURES FROM FISHERIES HABITAT ACCOUNTS

25 MAY BE MADE.—Expenditures from a State
44

•S 2441 IS

1 fisheries habitat account may be made in ac2 cordance with subparagraph (D) for—

3 ‘‘(i) the Great Lakes program under

4 section 118;

5 ‘‘(ii) the clean lakes program under

6 section 314;

7 ‘‘(iii) the national estuary program

8 under section 320;

9 ‘‘(iv) the farmland protection program

10 under the Farmland Protection Policy Act

11 (7 U.S.C. 4201 et seq.);

12 ‘‘(v) the Federal aid in wildlife res13 toration program under the Act of Sep14 tember 2, 1937 (16 U.S.C. 669 et seq.);

15 ‘‘(vi) the partners for fish and wildlife

16 habitat restoration program under the

17 Fish and Wildlife Act of 1956 (16 U.S.C.

18 742a et seq.) and the Fish and Wildlife

19 Coordination Act (16 U.S.C. 661 et seq.);

20 ‘‘(vii) the Federal aid in sportfish res21 toration program under the Act of August

22 9, 1950 (16 U.S.C. 777 et seq.);

23 ‘‘(viii) the watershed protection and

24 flood prevention program under the Water-
45

•S 2441 IS

1 shed Protection and Flood Prevention Act

2 (16 U.S.C. 1001 et seq.);

3 ‘‘(ix) the forestry incentives program

4 under section 4 of the Cooperative For5 estry Assistance Act of 1978 (16 U.S.C.

6 2103);

7 ‘‘(x) the forest stewardship program

8 and stewardship incentive program under

9 sections 5 and 6 of the Cooperative For10 estry Assistance Act of 1978 (16 U.S.C.

11 2103a, 2103b);

12 ‘‘(xi) the emergency conservation pro13 gram under title IV of the Agricultural

14 Credit Act of 1978 (16 U.S.C. 2201 et

15 seq.);

16 ‘‘(xii) the wildlife conservation and ap17 preciation program under the Partnerships

18 for Wildlife Act (16 U.S.C. 3741 et seq.);

19 ‘‘(xiii) the conservation reserve pro20 gram under subchapter B of chapter 1 of

21 subtitle D of title XII of the Food Security

22 Act of 1985 (16 U.S.C. 3831 et seq.);

23 ‘‘(xiv) the wildlife habitat incentives

24 program under section 387 of the Federal
46

•S 2441 IS

1 Agriculture Improvement and Reform Act

2 of 1996 (16 U.S.C. 3836a);

3 ‘‘(xv) the wetlands reserve program

4 under subchapter C of chapter 1 of subtitle

5 D of title XII of the Food Security Act of

6 1985 (16 U.S.C. 3837 et seq.);

7 ‘‘(xvi) the environmental quality in8 centives program under chapter 4 of sub9 title D of title XII of the Food Security

10 Act of 1985 (16 U.S.C. 3839aa et seq.);

11 ‘‘(xvii) the North American Wetlands

12 Conservation Act (16 U.S.C. 4401 et seq.);

13 ‘‘(xviii) the emergency protection pro14 gram under section 216 of the Flood Con15 trol Act of 1938 (33 U.S.C. 701b–1);

16 ‘‘(xix) the flood hazard mitigation and

17 riverine restoration program (commonly

18 known as ‘‘Challenge 21’’) under section

19 212 of the Water Resources Development

20 Act of 1999 (33 U.S.C. 2332).

21 ‘‘(xx) the upper Mississippi River en22 vironmental management program under

23 section 1103 of the Water Resources De24 velopment Act of 1986 (33 U.S.C. 652);

25 and
47

•S 2441 IS

1 ‘‘(xxi) the Missouri and Mississippi

2 Rivers enhancement project under section

3 514 of the Water Resources Development

4 Act of 1999 (Public Law 106–53; 113

5 Stat. 342).

6 ‘‘(F) FLOOD DAMAGE ASSISTANCE.—

7 ‘‘(i) IN GENERAL.—If specifically rec8 ommended in the approved plan or interim

9 recommendation, an expenditure under any

10 Federal program, the purpose of which is

11 to provide for flood damage compensation

12 payments for loss of crops, livestock, or

13 structures, may be increased, notwith14 standing any otherwise applicable restric15 tion provided by law, with respect to spe16 cifically designated land within a water17 shed that is or would be subject to in18 creased flooding due to projects or meas19 ures recommended under subsection

20 (d)(4)(E)(i).

21 ‘‘(ii) METHOD OF PAYMENT.—An ex22 penditure described in clause (i) may be

23 made—

24 ‘‘(I) on the incidence of a com25 pensable loss; or
48

•S 2441 IS

1 ‘‘(II) under a binding agreement

2 providing for future fixed payments

3 that are subject to such conditions

4 and limitations as may be necessary

5 or appropriate to carry out the pur6 poses of the recommendations of the

7 council.

8 ‘‘(3) FEDERAL LAND.—Each Federal depart9 ment or agency with jurisdiction to manage Federal

10 land within a watershed shall—

11 ‘‘(A) consider recommendations related to

12 improvements in the management of the land

13 that are contained in approved plans or interim

14 recommendations in all future decisions respect15 ing planning and activities on the land that

16 would significantly impact fisheries habitat and

17 uses; and

18 ‘‘(B) issue and make publicly available a

19 written explanation of the decisions of the Fed20 eral department or agency describing the ra21 tionale for adopting or departing from the rec22 ommendations.

23 ‘‘(4) FEDERAL PLANNING AND ACTIVITIES.—

24 ‘‘(A) DEFINITION OF PLANNING AND AC25 TIVITIES ON NON-FEDERAL LAND AFFECTING
49

•S 2441 IS

1 WATER WITHIN THE WATERSHED.—In this

2 paragraph, the term ‘planning and activities on

3 non-Federal land affecting water within the wa4 tershed’ means the planning, design, or conduct

5 of actions that substantially and physically alter

6 structures, land, or water within the 100-year

7 floodplain in a manner that directly and signifi8 cantly affects fisheries habitat.

9 ‘‘(B) RESPONSIBILITY FOR PLANNING AND

10 ACTIVITIES.—A Federal department or agency,

11 State, or unit of local government that carries

12 out federally-funded planning and activities on

13 non-Federal land that affect water in the water14 shed shall—

15 ‘‘(i) consider recommendations per16 taining to the planning or activities con17 tained in an approved plan or interim rec18 ommendation; and

19 ‘‘(ii) issue and make publicly available

20 a written explanation describing the ration21 ale of the Federal department or agency,

22 State, or unit of local government for

23 adopting or departing from the rec24 ommendations.
50

•S 2441 IS

1 ‘‘(C) MAINTENANCE OF NAVIGATION.—

2 Nothing in this section affects or impairs any

3 authority of the Federal Government to main4 tain navigation.

5 ‘‘(5) WETLAND JURISDICTION.—

6 ‘‘(A) IN GENERAL.—The baseline jurisdic7 tional status of any agricultural land on which

8 wetland may be created or expanded as a result

9 of increased flooding or altered drainage under

10 a project or measure funded—

11 ‘‘(i) under subsection (d)(1)(A), shall,

12 on expiration or termination of the agree13 ment under which the project or measure

14 was implemented, revert to the baseline ju15 risdictional status; and

16 ‘‘(ii) in whole or in part, under para17 graph (2)(C), shall, to the extent of the

18 creation or expansion, be governed by—

19 ‘‘(I) applicable methods and reg20 ulations of the applicable program

21 listed in paragraph (2)(D) that are in

22 existence as of the date of approval of

23 the funding; and

24 ‘‘(II) any regulations promul25 gated under section 404 that are in
51

•S 2441 IS

1 existence as of the date of approval of

2 the funding.

3 ‘‘(B) DISCHARGES.—The discharges from

4 any wetland that are created or expanded for

5 agricultural pollution control purposes under

6 recommendations contained in an approved plan

7 or interim recommendation shall not be re8 quired to be approved by a permit under sec9 tions 301 and 402 if pollutants entering the

10 wetland result only from normal agricultural

11 practices such as crop production and raising of

12 livestock.

13 ‘‘(g) COMMUNITY FISHERIES HABITAT REVITALIZA14 TION PROGRAM.—

15 ‘‘(1) IN GENERAL.—The Secretary of the Inte16 rior, acting through the Director of the United

17 States Fish and Wildlife Service, shall establish a

18 community fisheries habitat revitalization program

19 in accordance with this subsection.

20 ‘‘(2) FUNDING AND TECHNICAL ASSISTANCE.—

21 The Secretary of the Interior, under the revitaliza22 tion program established under paragraph (1), shall

23 provide funding and technical assistance to each

24 State fish and wildlife agency for development and

25 construction of revitalization projects designed to
52

•S 2441 IS

1 improve urban watersheds and public access to the

2 water of urban watersheds—

3 ‘‘(A) to restore fisheries habitat or enhance

4 fisheries uses; and

5 ‘‘(B) to provide recreational opportunities.

6 ‘‘(3) GUIDANCE.—In cooperation with the State

7 fish and wildlife agencies, the Secretary of the Inte8 rior shall issue such guidance as is necessary to pro9 vide for the planning and implementation of the re10 vitalization program.

11 ‘‘(4) ELIGIBLE REVITALIZATION PROJECTS.—In

12 accordance with the guidance issued under para13 graph (3), each State fish and wildlife agency may

14 provide funding and technical assistance to a project

15 sponsor, as described under paragraph (5), for any

16 revitalization project designed to restore or enhance

17 urban watersheds or waterways to achieve 1 or more

18 of the following objectives:

19 ‘‘(A) Watershed restoration and protection.

20 ‘‘(B) Creation of floodplain riparian zones.

21 ‘‘(C) Restoration or creation of wetland.

22 ‘‘(D) Stormwater management or treat23 ment.

24 ‘‘(E) Removal of barriers to fish passage.
53

•S 2441 IS

1 ‘‘(F) Reestablishment of stream channel

2 environments.

3 ‘‘(G) Creation or enhancement of rec4 reational fishing opportunities.

5 ‘‘(H) Support for the formation and activi6 ties of local organizations to plan and imple7 ment restoration or enhancement projects.

8 ‘‘(5) REVITALIZATION SPONSORS AND COSPON9 SORS.—

10 ‘‘(A) IN GENERAL.—Each revitalization

11 project for which funding or technical assist12 ance is provided by a State fish and wildlife

13 agency under the revitalization program shall

14 have a project sponsor.

15 ‘‘(B) TYPES OF SPONSORS.—A revitaliza16 tion project sponsor may be any person or enti17 ty that is authorized to receive, account for,

18 and administer funding and to execute such

19 other responsibilities as the Secretary of the In20 terior may prescribe for grant agreements be21 tween the State agency and project sponsor

22 under the revitalization program located in the

23 revitalization project area, including—

24 ‘‘(i) a nonprofit organization;
54

•S 2441 IS

1 ‘‘(ii) a State, tribal, or local unit of

2 government;

3 ‘‘(iii) an agency; or

4 ‘‘(iv) a district.

5 ‘‘(6) REVITALIZATION PROJECT AREAS AND LO6 CATIONS.—

7 ‘‘(A) IN GENERAL.—A revitalization

8 project may be eligible for funding or assistance

9 under this subsection if the revitalization

10 project is carried out on—

11 ‘‘(i) any Federal, State, county, mu12 nicipal, or tribal land; or

13 ‘‘(ii) private land owned by the revi14 talization project sponsor or a cosponsor.

15 ‘‘(B) URBAN WATERSHED LOCATION.—A

16 revitalization project that receives funding or

17 assistance under this program shall be located

18 within the boundaries of an urban watershed.

19 ‘‘(7) PROGRAM PRIORITIES.—Each State fish

20 and wildlife agency shall give priority to funding and

21 providing technical assistance for revitalization

22 projects—

23 ‘‘(A) for which support and participation

24 by local citizens, governmental entities, and

25 other affected interests has been demonstrated;
55

•S 2441 IS

1 ‘‘(B) that are located in or directly bene2 fiting low income or economically depressed

3 areas;

4 ‘‘(C) that are designed to provide signifi5 cant improvement in fisheries habitat and other

6 ecological values and functions in the water7 shed;

8 ‘‘(D) that will integrate local communities,

9 schools, and for-profit and nonprofit organiza10 tions in efforts—

11 ‘‘(i) to restore or enhance community

12 fisheries or water quality; and

13 ‘‘(ii) to provide education and training

14 opportunities in connection with those ef15 forts; or

16 ‘‘(E) that will contribute to the improve17 ment or creation of local business related to the

18 access to, and recreational use of, urban water19 sheds.

20 ‘‘(8) GRANT APPLICATION, APPROVAL, AND

21 PROGRAM IMPLEMENTATION.—The Secretary of the

22 Interior shall ensure, to the maximum extent prac23 ticable, that each State fish and wildlife agency to

24 which funding is provided under this subsection has
56

•S 2441 IS

1 the capability to efficiently and effectively administer

2 a revitalization program, including the capability—

3 ‘‘(A) to furnish application procedures, eli4 gibility criteria, and other necessary informa5 tion to prospective project sponsors;

6 ‘‘(B) to simplify or streamline contracting

7 processes for grants not exceeding $100,000;

8 and

9 ‘‘(C) to assemble an interdisciplinary team

10 with expertise in hydrology, ecology, biology,

11 recreation, agriculture, or such other disciplines

12 as are necessary to review applications and rec13 ommend grant awards.

14 ‘‘(9) FEDERAL SUPPORT AND REPORTING.—

15 ‘‘(A) COMPILATION OF INFORMATION.—

16 The Secretary of the Interior shall—

17 ‘‘(i) compile information received from

18 State fish and wildlife agencies, based on

19 annual reports to be provided by revitaliza20 tion project sponsors; and

21 ‘‘(ii) not later than January 1 of each

22 year, submit to appropriate committees of

23 the Congress a comprehensive report

24 describing—
57

•S 2441 IS

1 ‘‘(I) the implementation of the

2 revitalization program; and

3 ‘‘(II) any recommendations for

4 any necessary improvements or

5 changes to revitalization program.

6 ‘‘(B) ESTABLISHMENT OF COMMUNITY

7 FISHERIES HABITAT CLEARINGHOUSE.—Not

8 later than 12 months after the date of enact9 ment of this section, to support local implemen10 tation of revitalization projects under the revi11 talization program, the Secretary of the Interior

12 shall establish a community fisheries habitat

13 clearinghouse to develop and maintain—

14 ‘‘(i) a comprehensive and electroni15 cally accessible database, including a li16 brary of urban watershed restoration mate17 rials such as publications, periodicals, tech18 nical references, and videotaped informa19 tion; and

20 ‘‘(ii) a listing of grassroots organiza21 tions, State, Federal, and tribal agencies,

22 and nonprofit organizations involved in

23 urban watershed restoration activities.

24 ‘‘(C) LOCATION OF DATABASE.—The loca25 tion of the database shall be selected by the
58

•S 2441 IS

1 Secretary of the Interior after considering ap2 plications received from interested parties solic3 ited through public notice.

4 ‘‘(10) CONDITIONS AND LIMITATIONS ON FUND5 ING.—The Secretary of the Interior shall establish

6 appropriate conditions and limitations applicable to

7 funding provided under the revitalization program,

8 including—

9 ‘‘(A) a requirement that the Federal share

10 of the cost for implementing each revitalization

11 project shall not exceed—

12 ‘‘(i) 70 percent of the cost of the revi13 talization project in any fiscal year; and

14 ‘‘(ii) a total of $500,000;

15 ‘‘(B) a requirement that not more than 10

16 percent of the Federal share of the cost of a re17 vitalization project provided in any fiscal year

18 may be used for administrative expenses; and

19 ‘‘(C) a provision that permits that the non20 Federal share of the cost of a revitalization

21 project—

22 ‘‘(i) to consist, in whole or in part, of

23 in-kind services provided by project partici24 pants; and
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1 ‘‘(ii) to be waived in the case of any

2 revitalization project carried out in an eco3 nomically depressed community with a

4 population of 50,000 or less.

5 ‘‘(11) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated to the Sec7 retary of the Interior, to carry out the revitalization

8 program, such sums as are necessary for each of fis9 cal years 2002 through 2006, to remain available

10 until expended.

11 ‘‘(h) FEDERAL SUPPORT.—

12 ‘‘(1) TECHNICAL SUPPORT AND REPORTING.—

13 ‘‘(A) INFORMATION AND GUIDELINES.—

14 Not later than 90 days after the date of enact15 ment of this section, the Secretary shall issue—

16 ‘‘(i) information and guidelines on the

17 minimum content of State programs to be

18 approved under subsection (b);

19 ‘‘(ii) information and guidelines on

20 the capabilities and purposes that should

21 be demonstrated by councils under sub22 section (c)(2); and

23 ‘‘(iii) compilations of information,

24 such as bibliographies, manuals, sum25 maries, or other appropriate means of or-
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1 ganizing and disseminating information,

2 that pertain to each of the planning ele3 ments specified under subsection (d)(4).

4 ‘‘(B) GUIDANCE.—The Secretary shall

5 issue guidance to the States setting forth min6 imum requirements for applications to receive

7 program grants under paragraph (3)(A).

8 ‘‘(C) PROGRESS REPORTS.—For purposes

9 of evaluating the progress of State and tribal

10 programs approved under this section, the Sec11 retary shall—

12 ‘‘(i) assemble and review all reports

13 on monitoring activities carried out under

14 council recommendations; and

15 ‘‘(ii) publish a report at least bienni16 ally describing—

17 ‘‘(I) the progress and accomplish18 ments of the programs; and

19 ‘‘(II) any recommendations for

20 improvements in the design or imple21 mentation of the programs.

22 ‘‘(D) REPORT ON STATE OF FISHERIES

23 HABITATS.—The Secretary of the Interior

24 shall—
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1 ‘‘(i) review the reports prepared by

2 the Secretary under the subparagraph (C),

3 together with any other information or

4 data the Secretary of the Interior develops

5 or determines to be necessary; and

6 ‘‘(ii) publish a report at least bienni7 ally describing—

8 ‘‘(I) the state of the fishery habi9 tats of the United States; and

10 ‘‘(II) the overall progress being

11 achieved in protecting and restoring

12 the habitats.

13 ‘‘(2) FISHERIES-RELATED INFORMATION INDI14 CATORS AND HABITAT CHARACTERISTICS.—

15 ‘‘(A) IN GENERAL.—The Secretary of the

16 Interior, in cooperation with State fish and

17 wildlife agencies, shall compile and provide sci18 entific information for consideration by—

19 ‘‘(i) agencies in developing fisheries20 related indicators and associated habitat

21 characteristics, as described in this para22 graph; and

23 ‘‘(ii) councils in characterizing water

24 and establishing watershed objectives

25 under subsection (c).
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1 ‘‘(B) CONTENT OF CRITERIA.—A State

2 fish and wildlife agency may establish fisheries3 related indicators to describe the appropriate

4 factors, indicators, measurements, and other

5 considerations that, independently or in

6 combination—

7 ‘‘(i) shall be indicative of a healthy,

8 resilient, diverse, and productive aquatic

9 system, as described in subparagraph (C);

10 and

11 ‘‘(ii) may distinguish among general

12 categories of fisheries based on natural

13 variations, such as—

14 ‘‘(I) water temperature and

15 chemistry;

16 ‘‘(II) flow regime;

17 ‘‘(III) biotic factors;

18 ‘‘(IV) habitat structure and com19 position; and

20 ‘‘(V) any other relevant and ap21 propriate considerations.

22 ‘‘(C) HABITAT CHARACTERISTICS.—With

23 respect to each general category of fisheries for

24 which criteria are established under this para25 graph, a State fish and wildlife agency shall, to
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1 the maximum extent practicable, set forth those

2 habitat characteristics that are determined to

3 be necessary or desirable for a healthy, resil4 ient, diverse, and productive aquatic system, to5 gether with a description of the most significant

6 factors (including water quality and quantity),

7 that can cause adverse impacts on or threats to

8 those characteristics.

9 ‘‘(3) FUNDING.—

10 ‘‘(A) GRANTS FOR OPERATION OF STATE

11 PROGRAMS.—

12 ‘‘(i) IN GENERAL.—The Secretary

13 shall make grants to any State with a pro14 gram approved under subsection (b) for

15 payment of the reasonable costs of car16 rying out the responsibilities described in

17 paragraph (2).

18 ‘‘(ii) PERCENT OF FUNDING FOR AC19 TIVITIES OF COUNCILS.—Not less than 90

20 percent of the amount of a grant made

21 under this paragraph shall be reserved for

22 supporting the implementation of approved

23 activities of councils.

24 ‘‘(iii) MEMORANDUM OF UNDER25 STANDING.—As a condition of receiving a
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1 grant under clause (i), a State shall enter

2 into a memorandum of understanding with

3 the Secretary that describes the objectives

4 and funding priorities for the program, in5 cluding conditions that require—

6 ‘‘(I) the State to carry out spe7 cific activities to promote the forma8 tion of councils through education,

9 outreach, and the provision of funding

10 for organizational and planning ef11 forts to develop requests for designa12 tion; and

13 ‘‘(II) the State or regional com14 mission to provide a substantial por15 tion of the funds available for water16 shed planning to councils associated

17 with high priority watersheds.

18 ‘‘(iv) LIMITATION ON ADMINISTRA19 TIVE EXPENSES.—Not more than 10 per20 cent of the amount of any grant made by

21 a State to a council from funds awarded

22 under clause (i) may be used to pay the

23 administrative expenses or overhead in

24 connection with the activities of the coun25 cil.
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1 ‘‘(v) AUTHORIZATION OF APPROPRIA2 TIONS.—There are authorized to be appro3 priated to the Secretary to carry out this

4 paragraph such sums as are necessary for

5 each of fiscal years 2002 through 2006, to

6 remain available until expended.

7 ‘‘(B) FISHERIES HABITAT ACCOUNTS FOR

8 IMPLEMENTATION SUPPORT.—

9 ‘‘(i) ESTABLISHMENT.—Each State

10 with a program approved under subsection

11 (b) shall establish a fisheries habitat ac12 count to provide financial support for the

13 implementation of projects and measures

14 recommended by councils under approved

15 plans and interim recommendations.

16 ‘‘(ii) TRANSFERS.—

17 ‘‘(I) IN GENERAL.—Each State

18 with a program approved under this

19 section may reserve and transfer into

20 the fisheries habitat account of the

21 State established under clause (i), in

22 accordance with section 319, an

23 amount not to exceed 20 percent of

24 the funds received for fiscal year 2001

25 and each fiscal year thereafter.
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1 ‘‘(II) AVAILABILITY.—Amounts

2 transferred under subclause (I) shall

3 remain available until expended.

4 ‘‘(iii) AUTHORIZATION OF APPROPRIA5 TIONS.—

6 ‘‘(I) FUNDING FOR RESTRICTING

7 LIVESTOCK ACCESS TO WATER WITHIN

8 A DESIGNATED WATERSHED.—

9 ‘‘(aa) IN GENERAL.—There

10 is authorized to be appropriated

11 to the Secretary not to exceed

12 $25,000,000 for fiscal year 2002

13 and each fiscal year thereafter to

14 make grants to States with pro15 grams approved under subsection

16 (b), to remain available until ex17 pended.

18 ‘‘(bb) USE OF FUNDS.—

19 Funds made available under item

20 (aa) shall be used by States with

21 programs approved under sub22 section (b) to provide funds to

23 any person, through an account

24 within the fisheries habitat ac25 count of the State, for implemen-
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•S 2441 IS

1 tation of any appropriate meas2 ures recommended in an ap3 proved plan or interim rec4 ommendation for restricting live5 stock access to water within a

6 designated watershed and for

7 providing alternative water sup8 plied for the livestock.

9 ‘‘(II) AUTHORIZED FUNDING FOR

10 IMPLEMENTATION OF APPROVED REC11 OMMENDATIONS.—There is authorized

12 to be appropriated to the Secretary

13 not to exceed $250,000,000 for each

14 of fiscal years 2002 through 2006 for

15 the purpose of making grants to

16 States with programs approved under

17 subsection (b), to remain available

18 until expended, to enable a State to

19 provide funds to any person, through

20 the fisheries habitat account of the

21 State, for implementation of approved

22 recommendations under subsection

23 (e)(2).

24 ‘‘(iv) ALLOCATIONS OF AMOUNTS.—

25 Amounts appropriated under clause (iv)
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•S 2441 IS

1 shall be allocated among States with pro2 grams approved under subsection (b), giv3 ing priority consideration to States that

4 exceed other States in the following cat5 egories:

6 ‘‘(I) The amount of hydroelectric

7 instream use (millions of gallons per

8 day) in the State in the previous cal9 endar year, as identified by the

10 United States Geological Service.

11 ‘‘(II) The total number of fishing

12 and migratory bird hunting licenses,

13 tags, permits, and stamps sold by the

14 State in the previous calendar year.

15 ‘‘(III) The degree of degraded

16 water in the State.

17 ‘‘(IV) The number of river miles

18 and lake acres in the State.

19 ‘‘(v) ANNUAL SURVEY.—The Sec20 retary shall provide to the Committees on

21 Appropriations and the appropriate au22 thorizing committees of the House of Rep23 resentatives and the Senate an annual sur24 vey of projected funding needs identified
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•S 2441 IS

1 for each State with a program approved

2 under subsection (b).

3 ‘‘(C) AUTHORIZATIONS OF APPROPRIATION

4 FOR FEDERAL PROGRAMS.—

5 ‘‘(i) IN GENERAL.—There are author6 ized to be appropriated to the Secretary

7 such sums as are necessary for the admin8 istration and implementation of this sec9 tion, to remain available until expended.

10 ‘‘(ii) RESPONSIBILITIES OF THE SEC11 RETARY OF THE INTERIOR.—There are au12 thorized to be appropriated to the Sec13 retary of the Interior such sums as are

14 necessary for the administration and im15 plementation of this section, to remain

16 available until expended.

17 ‘‘(iii) RESPONSIBILITIES OF THE AD18 MINISTRATOR.—There are authorized to be

19 appropriated to the Administrator such

20 sums as are necessary for the administra21 tion and implementation of this section, to

22 remain available until expended.

23 ‘‘(4) PLANNING AND RECOMMENDATIONS FOR

24 MAJOR WATERWAYS.—
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1 ‘‘(A) IN GENERAL.—The Secretary of the

2 Interior, acting through the United States Fish

3 and Wildlife Service, and the Geological Survey

4 and in consultation with the Secretaries of Ag5 riculture, Commerce, and Energy, the Director

6 of the Federal Emergency Management Agency,

7 appropriate State fish and wildlife agencies,

8 river basin commissions, and Indian tribes,

9 shall establish and carry out a national plan10 ning program for protection and restoration of

11 fisheries habitat through improved floodplain

12 management practices on major waterways.

13 ‘‘(B) IDENTIFICATION OF WATERWAYS

14 SEGMENTS.—Under the national planning pro15 gram established under subparagraph (A), the

16 Secretary of the Interior shall identify discrete

17 segments of major waterways for which—

18 ‘‘(i) a council has not been designated

19 under subsection (c); and

20 ‘‘(ii) in the opinion of Secretary of the

21 Interior, there is a high likelihood that sig22 nificant progress can be achieved through

23 the implementation of measures identified

24 in subsection (d)(4)(E)(i) toward the pro25 tection or restoration of habitat for fish-
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•S 2441 IS

1 eries that exhibit substantial present or fu2 ture biological, commercial, or recreational

3 value.

4 ‘‘(C) RECOMMENDATIONS FOR HIGHEST

5 PRIORITY SEGMENTS.—

6 ‘‘(i) IN GENERAL.—With respect to

7 each of the highest priority segments iden8 tified by the Secretary of the Interior

9 under subparagraph (B) that is subject to

10 1 or more State programs that addresses

11 major waterways under subsection

12 (b)(3)(I), the Secretary of the Interior,

13 after providing notice and the opportunity

14 for comment, shall issue recommendations

15 to the appropriate State or States for con16 sideration of alternative floodplain manage17 ment measures of the types identified in

18 subsection (d)(4)(E)(i) to improve fisheries

19 habitat conditions in the identified segment

20 or in downstream segments.

21 ‘‘(ii) STATE ACTION.—A State shall

22 consider recommendations of the Secretary

23 of the Interior under clause (i) in accord24 ance with subsection (e).
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1 ‘‘(D) APPLICABILITY OF REQUIRE2 MENTS.—Subsection (f), including the require3 ment that approved recommendations may be

4 carried out only with the willing consent of per5 sons holding a property interest in affected

6 land, shall apply to any recommendations—

7 ‘‘(i) issued by the Secretary of the In8 terior; and

9 ‘‘(ii) approved under subsection (d).

10 ‘‘(i) INSTREAM FLOWS AND WATER QUALITY.—

11 ‘‘(1) WATER QUALITY INFORMATION.—Not

12 later than 1 year after the date of enactment of this

13 section, the Secretary of the Interior, in consultation

14 with the State fish and wildlife agencies, shall issue

15 information describing methodologies for identifying

16 instream flows that are necessary to protect fisheries

17 habitat.

18 ‘‘(2) INSTREAM FLOW AND WATER VOLUME

19 DESIGNATIONS AND RECOMMENDATIONS.—

20 ‘‘(A) IN GENERAL.—Any State, whether or

21 not the State has an approved program under

22 this section, may designate fisheries uses for

23 water within the jurisdiction of the State, to24 gether with instream flows or water volumes,

25 that are necessary to support the uses.
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•S 2441 IS

1 ‘‘(B) RECOMMENDATIONS BY COUNCIL.—

2 Any council designated under this section may

3 include recommendations in a plan for fisheries

4 objectives pertaining to water within the des5 ignated watershed, together with instream flows

6 or volumes that are necessary to support the

7 objectives.

8 ‘‘(3) INFORMATION EXCHANGE/TECHNICAL AS9 SISTANCE.—The Secretary of the Interior, acting

10 through the Director of the United States Geological

11 Survey and the Director of the United States Fish

12 and Wildlife Service, shall provide technical assist13 ance and prepare and disseminate technical informa14 tion on the fisheries-related needs for instream flows

15 to—

16 ‘‘(A) councils designated under this sec17 tion;

18 ‘‘(B) others involved in land and water

19 management; and

20 ‘‘(C) the general public.

21 ‘‘(4) EXPENDITURES.—To support the mainte22 nance of instream flows or volumes designated or

23 recommended under paragraph (2), the Secretary of

24 the Interior, acting through the Director of the

25 United States Geological Survey and the Director of
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•S 2441 IS

1 the United States Fish and Wildlife Service, and in

2 cooperation with the Secretary and the Adminis3 trator, as appropriate, may provide funds to States,

4 from such appropriations as may be made under the

5 authorization provided under this subsection, for

6 expenditures—

7 ‘‘(A) to obtain, under State law, an inter8 est in instream water flows, including the pur9 chase of a water right or lease of a water right;

10 ‘‘(B) to obtain and manage, under State

11 law, an interest in land as a means of exer12 cising an associated interest in water for the

13 purpose of augmenting instream flows;

14 ‘‘(C) to pay the cost, or any portion of the

15 cost, of making improvements to water control

16 structures, such as dams, in return for obtain17 ing, under State law, an interest in water for

18 the purpose of augmenting instream flows;

19 ‘‘(D) to pay the cost, or any portion of the

20 cost, of constructing, maintaining, repairing, or

21 implementing water conservation measures,

22 such as improved irrigation equipment and

23 practices and water conveyance structures, in

24 return for obtaining—
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•S 2441 IS

1 ‘‘(i) under State law, an interest in

2 water or a right to place conditions on the

3 use of water; or

4 ‘‘(ii) an interest in water for the pur5 pose of augmenting instream flows; and

6 ‘‘(E) to obtain, under State law, an inter7 est in reservoir storage rights and the right to

8 release water from storage to maintain instream

9 flows.

10 ‘‘(5) TREATMENT OF RIGHTS OBTAINED.—Any

11 right or interest obtained under State law in connec12 tion with an expenditure made under this paragraph

13 shall be held by the appropriate State agency or pri14 vate entity or individual (as permitted under State

15 law)—

16 ‘‘(A) for its intended purpose in perpetuity

17 with respect to the purchase of a water right;

18 or

19 ‘‘(B) for the full term of the lease or other

20 contractual instrument with respect to any par21 tial interest in a water right.

22 ‘‘(6) AUTHORIZATION; CONDITIONS ON EX23 PENDITURES.—The following conditions shall apply

24 to any expenditures made under paragraph (4):
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•S 2441 IS

1 ‘‘(A) MAINTENANCE OF INSTREAM FLOWS

2 OR VOLUMES.—An expenditures shall result in,

3 or make a substantial contribution to, the main4 tenance of instream flows or volumes that are

5 necessary to support the associated fisheries ob6 jectives or uses designated under paragraph (2).

7 ‘‘(B) CONSENT FROM WILLING SELLER.—

8 Any right or interest in water acquired or oth9 erwise obtained under State law in connection

10 with an expenditure shall be so acquired or oth11 erwise obtained only with the written consent of

12 a willing seller of the right or interest.

13 ‘‘(C) MANAGEMENT OF FUNDS.—The Sec14 retary of the Interior shall manage the funds

15 appropriated under this subsection so as to

16 place the highest priority on expenditures to

17 support the recommendations pertaining to

18 instream flows or volumes contained in plans

19 approved under subsection (e).

20 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to the Sec22 retary of the Interior to carry out this subsection

23 $50,000,000 for each of fiscal years 2002 through

24 2006, to remain available until expended.
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1 ‘‘(8) RELATIONSHIP TO STATE AUTHORITY.—

2 Nothing in this section supersedes, abrogates, or

3 otherwise impairs the authority of a State—

4 ‘‘(A) to allocate quantities of water within

5 the jurisdiction of the State; or

6 ‘‘(B) except as provided by paragraph (4),

7 to authorize the transfer of rights to quantities

8 of water that have been established by any

9 State.’’.

10 (b) INCLUSION OF INDIAN TRIBES.—Section 518(e)

11 of the Federal Water Pollution Control Act (33 U.S.C.

12 1377(e)) is amended by inserting ‘‘321,’’ after ‘‘319,’’.

13 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

14 Section 319 of the Federal Water Pollution Control

15 Act (33 U.S.C. 1329) is amended by striking subsection

16 (j) and inserting the following:

17 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out subsections

19 (h) and (i) and section 321 such sums as are necessary

20 for each of fiscal years 2002 through 2006, to remain

21 available until expended.’’.

Æ