I
103D CONGRESS
2D SESSION
H. R. 4481
To restore the Nation’s aquatic ecosystems through the voluntary cooperation
of Federal, State, tribal, and corporate and other private interests.
IN THE HOUSE OF REPRESENTATIVES
MAY 24, 1994
Mr. HAMBURG (for himself, Mr. STUDDS, Mr. EDWARDS of California, Mr.
MANTON, 
Mr. 
SANDERS, 
Ms. 
FURSE, 
Mr. 
HUGHES, 
Mr.
HOCHBRUECKNER, Mr. RICHARDSON, Ms. WOOLSEY, Ms. PELOSI, Mrs.
UNSOELD, Ms. ESHOO, and Mr. VENTO) introduced the following bill;
which was referred jointly to the Committees on Merchant Marine and
Fisheries and Public Works and Transportation
JULY 19, 1994
Additional sponsors: Mr. OBERSTAR, Mr. HINCHEY, and Mr. BEILENSON
A BILL
To restore the Nation’s aquatic ecosystems through the vol-
untary cooperation of Federal, State, tribal, and cor-
porate and other private interests.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Aquatic
Ecosystem Restoration Act of 1994’’.
SEC. 2. FINDINGS, PURPOSES, POLICY, AND LONG-TERM
GOALS.
(a) FINDINGS.—The Congress finds the following:
(1) Aquatic ecosystems, including wetlands,
streams, rivers, lakes, estuaries, coastal marine
ecosystems, and associated riparian upland habitats
that buffer those areas from external factors, per-
form numerous valuable environmental functions
which sustain environmental, social, and cultural val-
ues. They recycle nutrients, purify water, attenuate
floods, augment and maintain streamflow, recharge
ground water, act as primary producers in the food
chain, provide habitat for plants, fish and wildlife,
and other dependent species, and provide rec-
reational opportunities.
(2) Physical and biological integrity of aquatic
ecosystems is key to maintaining biodiversity and
to providing for human and ecological health and
safety.
(3) Degradation of the Nation’s aquatic
ecosystems and loss of aquatic biodiversity have
reached alarming levels, affecting all waters of the
United States, such that entire hydrologic systems
and natural biodiversity of all forms of aquatic and
riparian species are at risk.
(4) Federal policy has not devoted sufficient at-
tention to the decline of aquatic and riparian
ecosystems.
(5) Projects to restore and maintain aquatic
ecosystems will provide both skilled and unskilled
jobs to all regions of the country. After these
ecosystems are restored, jobs dependent on these
ecosystems will return, including fishing, hunting,
recreation, resource protection and maintenance, and
tourism jobs, and societal costs can be minimized
with adequate maintenance of these ecosystems.
(6) A proactive approach to reverse the deg-
radation of aquatic ecosystems will reverse the de-
cline of certain aquatic habitat-dependent species
and reduce the likelihood that these species will be-
come so diminished as to become an impediment to
sustainable development activities.
(7) Creation of partnerships between local citi-
zens, tribal organizations, corporations, and State
and Federal agencies is often critical to the success
of aquatic ecosystem restoration activities.
(b) PURPOSES.—The purposes of this Act are the
following:
(1) To provide a comprehensive and integrated
framework to direct long-term national aquatic eco-
system restoration activities.
(2) To coordinate existing Federal programs
and policies relating to aquatic ecosystem restoration
in order to provide the maximum benefit from Fed-
eral aquatic ecosystem restoration activities.
(3) To activate local, tribal, and State aquatic
ecosystem restoration initiatives by providing tech-
nical expertise and funding to such entities.
(4) To create a dedicated source of funds to
more effectively foster local, tribal, and State aquat-
ic ecosystem restoration activities.
(c) POLICY.—It is the policy of the United States
that—
(1) Federal, State, and local agencies, in con-
sultation and collaboration with private citizen orga-
nizations, should plan and implement aquatic eco-
system restoration projects resulting in achievement
of—
(A) the interim goals of a net restoration
of 10,000,000 acres of wetlands, 400,000 miles
of streams and rivers, and 1,000,000 acres of
lakes (excluding the Great Lakes) by the year
2010; and
(B) long-term goals published by the Coun-
cil under subsection (d); and
(2) the Federal Government should provide
leadership and technical and financial assistance to
State and local governments, tribal organizations,
and other management entities, and private citizens
to plan, implement, monitor, and evaluate aquatic
ecosystem restoration to improve and protect the
Nation’s aquatic ecosystems.
(d) LONG-TERM GOALS.—The Council shall—
(1) monitor achievement of the interim goals
set forth in subsection (c)(1)(A); and
(2) upon determining that those interim goals
have been achieved, establish and publish in the
Federal Register long-term goals for aquatic eco-
system restoration projects planned and imple-
mented by Federal, State, and local agencies.
SEC. 3. NATIONAL AQUATIC ECOSYSTEM RESTORATION
STRATEGY.
(a) ESTABLISHMENT OF TASK FORCE.—
(1) IN GENERAL.—The President shall establish
a task force within 90 days after the date of the en-
actment of this Act, to develop the National Aquatic
Ecosystem Restoration Strategy in accordance with
this section. The task force shall be known as the
Aquatic Ecosystem Restoration Task Force.
(2) COMPOSITION.—The Task Force shall be
composed of officials and scientists appointed by the
President from Federal agencies involved in aquatic
habitat or resource management, State agencies,
tribes, academic institutions, local management enti-
ties, and nongovernmental organizations.
(3) ADMINISTRATIVE EXPENSES.—The adminis-
trative expenses of the Task Force shall be paid on
a pro-rata basis by all of the Federal agencies rep-
resented on the Task Force.
(4) TERMINATION.—The Task Force shall ter-
minate on the later of—
(A) the submission of recommendations to
the President under section 7(a); or
(B) the date of publication of the Strategy
under subsection (b) of this section.
(b) STRATEGY.—
(1) IN GENERAL.—The Task Force shall, with-
in 2 years after the date of the enactment of this
Act, develop and publish in the Federal Register in
accordance with this Act a plan for an interagency
and intergovernmental process to develop, imple-
ment, monitor, and evaluate the national policy set
forth in section 2(c). The plan shall be known as the
National Aquatic Ecosystem Restoration Strategy.
(2) IMPLEMENTATION.—The Director of the
United States Fish and Wildlife Service shall seek to
implement the Strategy, including by providing as-
sistance to management entities conducting aquatic
ecosystem restoration.
(3) CONTENTS.—The Strategy shall contain the
following:
(A) Guidelines for coordination of aquatic
ecosystem restoration projects within water-
sheds and ecoregions.
(B) National restoration milestones to
meet the national policy set forth in section
2(c).
(C) Standards for identifying the most eco-
logically sound restoration projects possible
through the utilization of available information.
To the extent possible, such standards should
be ecoregional.
(D) 
Measurable 
standards 
for 
each
ecoregion for monitoring the success of aquatic
ecosystem restoration projects.
(E) Guidelines for maintaining pristine
and successfully restored aquatic ecosystems.
(F) Identification of riparian, floodplain,
wetlands, and other aquatic habitats that re-
tain, or could easily be restored to support, sig-
nificant indigenous fish, wildlife, and plant pop-
ulations, by coordinating existing surveys of wa-
tersheds. To the extent existing surveys are in-
adequate, the Task Force shall recommend a
procedure for conducting additional surveys.
(G) Guidelines for setting ecoregional and
national aquatic ecosystem restoration priorities
which will result in the greatest ecological re-
turn on investment.
(H) Mechanisms for ensuring access to
and sharing of information and providing tech-
nical assistance to State agencies, tribal organi-
zations, and management entities.
(I) Recommendations to the Congress re-
garding legislation to remove obstacles to
aquatic ecosystem restoration and achieve the
national policy set forth in section 2(c).
(J) Recommendations for periodic sci-
entific review of the Strategy by State, Federal,
and independent scientists to incorporate new
information, including a schedule for reviews
and revisions by the Director under subsection
(d).
(K) Procedures for disseminating new in-
formation regarding aquatic ecosystem restora-
tion to management entities and State, tribal,
and Federal agencies involved in implementing
the Strategy.
(L) Recommendations for reorganizing
aquatic ecosystem restoration activities on an
ecoregional basis.
(M) Recommendations for additional Fed-
eral incentives to encourage aquatic ecosystem
restoration on non-Federal lands.
(4) CONSIDERATIONS
IN
DEVELOPING
THE
STRATEGY.—In developing the Strategy, the Task
Force shall take into consideration—
(A) the national policy set forth in section
2(c);
(B) the recommendations contained in the
National Research Council’s 1992 report on
Restoration of Aquatic Ecosystem with regard
to the restoration of aquatic ecosystems; and
(C) the recommendations contained in the
1994 National Science Foundation’s Fresh-
water Initiative with regard to the restoration
of aquatic ecosystems.
(c) SUBCOMMITTEE.—The Task Force shall establish
a subcommittee that shall—
(1) identify Federal regulatory and nonregula-
tory aquatic ecosystem restoration policies and pro-
grams that affect aquatic ecosystems,
(2) evaluate the roles of those policies and pro-
grams in promoting or degrading aquatic ecosystem
health,
(3) evaluate changes to current operation and
maintenance procedures that would restore aquatic
ecosystem functions,
(4) recommend appropriate times to reevaluate
those policies and programs,
(5) recommend mechanisms to coordinate im-
plementation of Federal policy and programs for the
purpose of aquatic ecosystem restoration,
(6) identify the portion of the national policy
set forth in section 2(c) that can be achieved on
Federal lands, and
(7) establish appropriate responsibilities and
measurable objectives for each agency involved in
achieving the restoration goals under section 2(c).
(d) REVIEW AND REVISION OF STRATEGY.—The Di-
rector shall periodically review and revise the Strategy to
reflect the best available information regarding aquatic
ecosystems, aquatic resources restoration techniques, and
watershed and ecosystem management. The Director shall
make such reviews and revisions at least as often as is
recommended in the Strategy pursuant to subsection
(b)(3)(J).
(e) INTERIM FUNDING.—The Director, subject to the
availability of appropriations, may make grants to fund
appropriate aquatic ecosystem restoration projects before
publication of the Strategy.
SEC. 4. AQUATIC ECOSYSTEM RESTORATION ASSISTANCE.
(a) PROVISION OF ASSISTANCE.—
(1) IN GENERAL.—The Foundation, subject to
the availability of amounts deposited into the Fund,
shall provide financial assistance to a management
entity in accordance with this section for carrying
out each aquatic ecosystem restoration project for
which the Council approves that assistance in ac-
cordance with this section.
(2) PRIORITY.—The Foundation shall provide
assistance under this subsection in accordance with
the priorities specified by the Council under sub-
section (c)(4).
(b) APPLICATION FOR ASSISTANCE.—
(1) APPLICATION.—A management entity seek-
ing assistance under this section for an aquatic eco-
system restoration project shall submit an applica-
tion to the Service regional office for the Service re-
gion in which the project will be carried out.
(2) TECHNICAL
ASSISTANCE.—The Director
shall ensure that technical assistance is provided to
management entities.
(3) FORWARDING OF APPLICATIONS TO COUN-
CIL.—The head of a Service regional office shall for-
ward to the Council each application for assistance
received by that office.
(c) REVIEW AND APPROVAL OF PROPOSED PROJECTS
BY COUNCIL.—
(1) 
REVIEW
AND
DETERMINATIONS.—The
Council shall—
(A) review each application for assistance
that is forwarded by the head of a Service re-
gional office under subsection (b)(2); and
(B) determine whether the aquatic eco-
system restoration project proposed by the ap-
plication—
(i) will assist in implementing the
Strategy;
(ii) under the criteria set forth in
paragraph (2), is appropriate for funding
under this section;
(iii) to the extent practicable, will re-
turn 
damaged 
or 
degraded 
aquatic
ecosystems to the full range of their natu-
ral functions and values;
(iv) does not employ management ac-
tions that favor one function, value, or spe-
cies to the detriment of, or without regard
for, others; and
(v) will fulfill the purposes of this Act.
(2) 
PROJECT
SELECTION
CRITERIA.—The
Council shall determine, under paragraph (1)(B),
whether a project is appropriate for funding under
this section based on the following criteria:
(A) The technical feasibility of the project.
(B) The cost-effectiveness of the project,
including minimization of future operation and
maintenance costs.
(C) The expected duration of the aquatic
ecosystem restoration to be carried out under
the project.
(D) The extent to which habitat to be re-
stored under the project is degraded.
(E) The extent of non-Federal participa-
tion in payment of the costs of the project.
(F) The relationship of the project to a
watershed, ecosystem, or other landscape ap-
proach or plan.
(G) The potential benefits of the project to
fish and wildlife resources of special concern
and to the diversity of other natural functions
and values inherent in aquatic resources.
(H) The aquatic ecosystem restoration op-
portunities that the project will provide on
lands that are not eligible for restoration under
the Wetlands Reserve Program.
(I) The extent to which the project will in-
volve a high degree of cooperation between Fed-
eral and non-Federal entities.
(J) The extent to which sites at which the
project is conducted will pose a continuing con-
taminant threat to fish and wildlife species
using the sites after restoration or will require
chemical restoration to provide restoration of
beneficial uses.
(K) The availability of other Federal fund-
ing sources to carry out the project.
(L) Whether the project will substantially
contribute to long-term restoration of water
quality.
(M) The extent to which the project will
train and employ individuals who reside in the
area where the project will be carried out, par-
ticularly individuals displaced from resource-de-
pendent industries.
(3) APPROVAL
OF
PROJECTS.—The Council
may approve assistance under this section for an
aquatic ecosystem restoration project if the Council
makes affirmative determinations under paragraph
(1)(B)(i), (ii), (iii), (iv), and (v).
(4) 
NOTIFICATION
OF
FOUNDATION.—The
Council shall promptly notify the Foundation of ap-
proval of assistance under this section for an aquatic
ecosystem restoration project, specifying the priority
of the project for assistance under this section rel-
ative to other projects for which the Council has ap-
proved such assistance.
SEC. 5. NATIONAL AQUATIC RESTORATION COUNCIL.
(a) ESTABLISHMENT.—There is established a council
to be known as the National Aquatic Restoration Council.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Council shall consist of
15 members, as follows:
(A) 4 members, of whom one 1 shall be ap-
pointed by each of—
(i) the Under Secretary of Commerce
for Oceans and Atmosphere,
(ii) the Administrator of the Environ-
mental Protection Agency,
(iii) the Chief of the Soil Conservation
Service, and
(iv) the Secretary of the Army.
(B) 10 members appointed by the Direc-
tor, of whom 2 shall be appointed as represent-
atives of each of the following:
(i) State fish and wildlife management
agencies.
(ii) Tribal fish and wildlife manage-
ment agencies.
(iii) Academic scientists.
(iv) Local watershed councils.
(v) Non-governmental organizations.
(C) The Director.
(2) EXPERIENCE
REQUIRED.—An individual
shall not be eligible for appointment as a member of