‘‘(V) The population of the State.
‘‘(vi) ANNUAL
SURVEY.—The Sec-
retary shall provide to Congress an annual
survey of projected funding needs identi-
fied for each State with a program ap-
proved pursuant to subsection (a).
‘‘(C) 
FEDERAL
PROGRAM
AUTHORIZA-
TIONS.—
‘‘(i) RESPONSIBILITIES OF THE SEC-
RETARY.—There is authorized to be appro-
priated to the Secretary such sums as may
be necessary for the administration and
implementation of the responsibilities re-
quired by this section. Such sums shall re-
main available until expended.
‘‘(ii) RESPONSIBILITIES OF THE SEC-
RETARY OF THE INTERIOR.—There is au-
thorized to be appropriated to the Sec-
retary of the Interior such sums as may be
necessary for the administration and im-
plementation of the responsibilities re-
quired by this section. Such sums shall re-
main available until expended.
‘‘(iii) RESPONSIBILITIES OF THE AD-
MINISTRATOR.—There is authorized to be
appropriated to the Administrator such
sums as may be necessary for the adminis-
tration and implementation of the respon-
sibilities required under this section. Such
sums shall remain available until expended.
‘‘(4) PLANNING AND RECOMMENDATIONS FOR
MAJOR WATERWAYS.—
‘‘(A) IN GENERAL.—The Secretary of the
Interior, acting through the Directors of the
United States Fish and Wildlife Service and the
Geological Survey and in consultation with the
Secretaries of Agriculture, Commerce, and En-
ergy, the Director of the Federal Emergency
Management Agency, the Chief of Engineers,
State fish and wildlife agencies, river basin
commissions, and Indian tribes, shall establish
and carry out a national planning program for
protection and restoration of fisheries habitat
through improved floodplain management prac-
tices on major waterways.
‘‘(B) IDENTIFICATION
OF
WATERWAYS
SEGMENTS.—Pursuant to the national planning
program, the Secretary of the Interior shall
identify discrete segments of major waterways
for which a watershed council has not been des-
ignated pursuant to subsection (b) and for
which, in the Secretary of the Interior’s judg-
ment, there is a high likelihood that significant
progress can be achieved through the implemen-
tation of measures identified in subsection
(c)(4)(E)(i) toward the protection or restoration
of habitat for fisheries that exhibit substantial
existing or potential biological, commercial, or
recreational value.
‘‘(C) RECOMMENDATIONS
FOR
HIGHEST
PRIORITY SEGMENTS.—With respect to each of
the highest priority segments identified by the
Secretary of the Interior that is subject to a
State program which has chosen to address
major 
waterways 
pursuant 
to 
subsection
(a)(2)(J), or by more than 1 such program, the
Secretary of the Interior shall issue, after pro-
viding notice and opportunity for comment, rec-
ommendations to the appropriate State, or any
combination of States, for consideration of al-
ternative floodplain management measures of
the types identified in subsection (c)(4)(E)(i) to
improve fisheries habitat conditions in the iden-
tified segment or in downstream segments. The
State shall consider and act upon such rec-
ommendations in accordance with the provisions
of subsection (d).
‘‘(D) 
APPLICABILITY
OF
REQUIRE-
MENTS.—Subsection (e), including the require-
ment that approved recommendations may be
undertaken only with the willing consent of per-
sons holding a property interest in affected
lands, shall apply with respect to any rec-
ommendations issued by the Secretary of the
Interior and approved pursuant to subsection
(d).
‘‘(h) INSTREAM FLOWS AND WATER QUALITY.—
‘‘(1) WATER QUALITY INFORMATION.—In order
to encourage the maintenance of adequate water
flows and volumes in the Nation’s rivers, streams,
and lakes so as to protect and restore fisheries habi-
tat, the Secretary of the Interior, in cooperation with
the State fish and wildlife agencies, shall, not later
than 12 months after the date of enactment of this
section, issue information describing methodologies
for identifying instream flows that are necessary to
protect fisheries habitat.
‘‘(2) INSTREAM
FLOW
AND
WATER
VOLUME
DESIGNATIONS
AND
RECOMMENDATIONS.—Any
State may designate fisheries uses for waters within
the State’s jurisdiction, together with instream flows
or water volumes, that are necessary to support such
uses. Any watershed council designated pursuant to
this section may include recommendations in its plan
for fisheries objectives pertaining to waters within
the designated watershed, together with instream
flows or volumes that are necessary to support such
objectives.
‘‘(3) INFORMATION EXCHANGE/TECHNICAL AS-
SISTANCE.—In cooperation with State fish and wild-
life agencies, the Secretary of the Interior, acting
through the Directors of the United States Geologi-
cal Survey and the United States Fish and Wildlife
Service, shall provide technical assistance and pre-
pare and disseminate technical information on the
fisheries-related needs for instream flows to water-
shed councils designated pursuant to this section, to
others involved in land and water management, and
to the general public.
‘‘(4) EXPENDITURES.—As necessary and appro-
priate to support the maintenance of instream flows
or volumes designated or recommended pursuant to
paragraph (2), the Secretary of the Interior, acting
through the Directors of the United States Fish and
Wildlife Service and the Geological Survey and in co-
operation with the Secretary and the Administrator,
as appropriate, is authorized to provide funds to
States, from such appropriations as may be made
pursuant to the authorization provided by this sub-
section, for expenditures—
‘‘(A) to obtain, under State law, an inter-
est in instream water flows, including the pur-
chase of a water right or lease of a water right;
‘‘(B) to obtain, under State law, and man-
age an interest in land as a means of exercising
an associated interest in water for the purpose
of augmenting instream flows;
‘‘(C) to pay the cost, or any portion of the
cost, of making improvements to water control
structures, such as dams, in return for obtain-
ing, under State law, an interest in water for
the purpose of augmenting instream flows;
‘‘(D) to pay the cost, or any portion of the
cost, of constructing, maintaining, repairing, or
implementing water conservation measures,
such as improved irrigation equipment and
practices and water conveyance structures, in
return for obtaining, under State law, an inter-
est in water or a right to place conditions on
the use of water or for obtaining an interest in
‘‘(B) Any right or interest in water ac-
quired or otherwise obtained under State law in
connection with such expenditures shall be so
acquired or otherwise obtained only with the
written consent of a willing seller of such right
or interest.
‘‘(C) The Secretary of the Interior shall
manage the funds appropriated pursuant to the
authority provided by this subsection so as to
place the highest priority on expenditures to
support the recommendations pertaining to
instream flows or volumes contained in plans
approved pursuant to subsection (d).
‘‘(6) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Sec-
retary of the Interior to carry out paragraph (4)
$50,000,000 for each of fiscal years 2002 through
2006. Such sums shall remain available until ex-
pended.
‘‘(7) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed to
supersede, abrogate, or otherwise impair the author-
ity of a State to allocate quantities of water within
its jurisdiction or, except as provided by paragraph
(4), to authorize the transfer of rights to quantities
of water which have been established by any State.
‘‘(i) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture.
‘‘(2) HABITAT
LIMITED
WATERS.—The term
‘habitat limited waters’ means those waters in which
the attainment of healthy, resilient, diverse, and pro-
ductive aquatic systems necessary to sustain socially,
ecologically, or economically important fisheries is
adversely affected by existing physical, chemical, or
biological conditions that can be remediated.
‘‘(3) HIGH VALUE WATERS.—The term ‘high
value waters’ means those waters in which existing
physical, chemical, and biological conditions sustain
socially, ecologically, or economically important fish-
eries.
‘‘(4) ACCESS RESTRICTED WATERS.—The term
‘access restricted waters’ means those high value wa-
ters in which public use and enjoyment of fisheries
is significantly limited by lack of access.
‘‘(5) 
WATERSHED.—The 
term 
‘watershed’
means, with respect to a river, stream, or other sur-
face water body, the drainage area that contributes
water to that river, stream, or water body.
‘‘(6) URBAN
WATERSHED.—The term ‘urban
watershed’ means a watershed or portion of a water-
shed located wholly or substantially within the
boundaries of an urbanized area, as designated by
the Bureau of the Census, or a municipality of
10,000 or more persons.
‘‘(7) STATE FISH AND WILDLIFE AGENCY.—The
term ‘State fish and wildlife agency’ means the com-
mission, department, agency, or agencies within each
State that has primary legal authority for the con-
servation of fish and wildlife in the State.
‘‘(8) HIGH PRIORITY WATERSHED.—The term
‘high priority watershed’ means a watershed des-
ignated pursuant to State law, as described in sub-
section (a), for which available information dem-
onstrates a high likelihood that the planning and
other activities authorized under this section could
achieve significant progress toward protection or res-
toration of habitat for fisheries that exhibit substan-
tial existing or potential biological, commercial, or
recreational value.
‘‘(9) STATE.—The term ‘State’ means any 1, or
a combination, of the following authorities acting
pursuant to jurisdiction provided under State law:
‘‘(A) The Governor.
‘‘(B) A State agency charged with ensur-
ing water quality standards.
‘‘(C) A State fish and wildlife agency.
‘‘(10) STATE
TECHNICAL
COMMITTEE.—The
term ‘State technical committee’ means a technical
committee established by the Secretary pursuant to
section 1261 of the Food Security Act of 1985 (16
U.S.C. 3861).’’.
(b) INCLUSION OF INDIAN TRIBES.—Section 518(e)
of the Federal Water Pollution Control Act (33 U.S.C.
1377(e)) is amended by inserting ‘‘321,’’ after ‘‘319,’’.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
Section 319(j) of the Federal Water Pollution Control
Act (33 U.S.C. 1329(j)) is amended to read as follows:
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out subsections
(h) and (i) of this section and section 321 such sums as
may be necessary for fiscal years 2002 through 2006.
Such sums shall remain available until expended.’’.
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