I
106TH CONGRESS
2D SESSION
H. R. 4278
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 HOUSE OF REPRESENTATIVES
APRIL 13, 2000
Mr. TANNER (for himself, Mr. BLUNT, Mr. DINGELL, Mrs. JOHNSON of Con-
necticut, Mr. STENHOLM, Mr. BOEHLERT, Mr. GILCHREST, Ms. DANNER,
Mr. ENGLISH, Mr. JOHN, and Mr. SAXTON) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture, and in addition to the Committee on Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To amend the Federal Water Pollution Control Act to estab-
lish a program for fisheries habitat protection, restora-
tion, and enhancement, and for other purposes.
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 ‘‘Fishable Waters Act
of 2000’’.
SEC. 2. FINDINGS AND POLICY.
(a) FINDINGS.—Congress finds the following:
(1) The extensive and diverse fishery resources
of the United States are of enormous recreational
and economic benefit to the Nation, providing em-
ployment, subsistence, tourism, and wholesome, fam-
ily-oriented recreational opportunities for millions of
people and contributing billions of dollars to the Na-
tion’s economy. It is in the best interest of the Na-
tion to secure these benefits by protecting and re-
storing healthy fish populations in our inland and
coastal aquatic environment and by enhancing fish-
ing opportunities. Sufficient water of good quality is
among the most significant requirements for sus-
taining and restoring the productivity of fisheries in
the Nation’s watersheds and coastal areas.
(2) Despite the success of federally funded fish
and wildlife restoration programs in restoring fish
and wildlife across the Nation and the success of the
Federal Water Pollution Control Act in improving
water quality in the Nation’s surface waters, the na-
tional goal of providing for the protection and propa-
gation of fish, shellfish, and wildlife has not been
fully realized. This important goal can be signifi-
cantly advanced through a renewed commitment and
sustained effort, complementary to fish and wildlife
restoration programs and clean water programs, to
protect and restore freshwater and marine fisheries
habitat and to enhance access for fisheries uses for
present and future generations. Loss of aquatic and
riparian habitat through activities such as physical
alteration of watercourses, stream blockages, erosion
and sedimentation, destruction or modification of
wetlands, and other physical impacts have caused
significant declines in fish populations throughout
the Nation.
(3) Urban communities are disproportionately
affected by aquatic habitat loss, loss of species diver-
sity, invasion of exotic species, and lack of public ac-
cess to waterways and fishing opportunities.
(4) The Nation can achieve significant progress
toward providing for the protection and propagation
of fish, shellfish, and wildlife through a voluntary,
non-regulatory, incentive-based program based on
Federal technical and financial assistance, coupled
with planning and implementation on a watershed
basis by local, regional, State, and tribal organiza-
tions. The program should be designed and carried
out to characterize aquatic habitats in terms of their
suitability for fisheries, to review and supplement ex-
isting fisheries objectives or establish new objectives,
to identify the factors and activities causing adverse
impacts or threats to fisheries habitats and uses,
and to define and implement site-specific projects
and measures, with the willing consent of affected
landowners, necessary for the protection and res-
toration of fisheries habitat and enhancement of ac-
cess. Flexibility and innovation that lead to improved
habitat and sustained fish production, together with
a special emphasis on identifying and prioritizing
program efforts for urban and other high priority
watersheds, will be necessary for achieving the nec-
essary progress on an equitable, cost-effective basis.
(b) POLICY.—Subsection 101(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1251(a)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(8) it is the national policy to achieve the pro-
tection and restoration of sustained fish production
and fisheries habitat in the Nation’s watersheds and
marine environment and the enhancement of access
for fisheries uses through a combination of voluntary
watershed planning and incentives for the implemen-
tation 
of 
site-specific, 
fisheries 
habitat-related
projects and measures.’’.
SEC. 3. FISHERIES HABITAT PROTECTION, RESTORATION,
AND ENHANCEMENT PROGRAM.
(a) IN GENERAL.—Title III of the Federal Water
Pollution Control Act (33 U.S.C. 1311–1330) is amended
by adding at the end the following:
‘‘SEC. 321. FISHERIES HABITAT PROTECTION, RESTORA-
TION, AND ENHANCEMENT.
‘‘(a) STATE PROGRAMS.—
‘‘(1) IN GENERAL.—
‘‘(A) ESTABLISHMENT.—In order to be eli-
gible for assistance under this section, a State
shall establish a program for the protection and
restoration of fresh water, estuarine, and ma-
rine fisheries habitat and for the enhancement
of access for fisheries uses through watershed
planning and the implementation of projects,
activities, and measures that meet the require-
ments of this section.
‘‘(B) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this section—
‘‘(i) alters, or requires alteration of,
the authority or jurisdiction of a State fish
and wildlife agency;
‘‘(ii) affects the authority, jurisdiction,
or responsibility of the several States to
manage, control, and regulate fish and
resident wildlife and their habitat under
State laws and regulations;
‘‘(iii) except as specifically provided in
this section, affects, alters, suspends, or
delays implementation of any other provi-
sion of this Act (including any requirement
under a program established under this
Act), or the obligations of any party under
any such provision; or
‘‘(iv) authorizes any watershed coun-
cil, State, or Indian tribe to recommend or
approve the imposition of any new or more
stringent regulatory or compliance obliga-
tions pursuant to any provision of this Act
(including any requirement under a pro-
gram established under this Act).
‘‘(2) MINIMUM REQUIREMENTS.—The Secretary
may approve a State program submitted under para-
graph (3) only if the Secretary determines that the
State has the following authorities required for im-
plementation of the program:
‘‘(A) To establish an advisory review
board, committee, or other advisory body, or ex-
pand the authority and duties of any existing
body, to provide recommendations with respect
to each decision taken under the program. The
membership of the advisory review board shall
be fairly balanced in terms of the points of view
represented and the functions to be performed
and shall be representative of interests affected
by activities carried out under the program, in-
cluding tribal, private, public, governmental,
and nonprofit interests. The membership of the
advisory review board shall include one or more
members who represent the interests of des-
ignated watershed councils.
‘‘(B) To designate, and terminate the des-
ignation of watershed councils and associated
watersheds within the State to be addressed
through the program. In designating a water-
shed, the State shall determine, based on a re-
view of the best available scientific information
conducted in cooperation with appropriate State
fish and wildlife agencies, whether the water-
vised, or updated by designated watershed
councils and to provide for judicial review of
such decisions under State law. Nothing in this
paragraph authorizes the Secretary to require
any particular form of judicial review, standard
of review, or standing requirements to obtain
judicial review.
‘‘(F) To receive and administer funds pro-
vided and reserved pursuant to this section, and
administer a fisheries habitat account for the
purpose of providing funds for implementation
of watershed council recommendations.
‘‘(G) To coordinate, through the appro-
priate State fish and wildlife agency, with the
watershed planning programs of other States
wherever necessary for the development of com-
plementary approaches to the protection and
restoration of fisheries habitat and the enhance-
ment of access for uses in watersheds in com-
mon with such States.
‘‘(H) To provide annually to the Secretary,
the Administrator, and the Secretary of the In-
terior, and make available publicly within each
designated watershed, a report on the progress
achieved, funds expended, and monitoring re-
sults obtained by watershed councils under the
program, as well as on the State’s plans and
objectives for future activities under the pro-
gram.
‘‘(I) To transmit to affected and interested
departments and agencies of the Federal Gov-
ernment all recommendations contained in ap-
proved plans and interim recommendations per-
taining to the activities or lands under the ju-
risdiction of such departments and agencies.
‘‘(J) If the State elects to consider plan-
ning for major waterway segments under the
program, to review and issue decisions accept-
ing or rejecting such recommendations as may
be provided by the Secretary of the Interior
pursuant to subsection (g)(4).
‘‘(3) APPROVAL.—A State, in cooperation with
and, wherever applicable, through the authority of
the State fish and wildlife agency or regional fish-
eries commission, may submit to the Secretary for
approval a program described in subsection (a)(1).
The Secretary shall approve the program if the Sec-
retary finds, after public notice and opportunity for
public comment, and after consideration of com-
ments provided by the Secretary of the Interior and
the Administrator, that—
‘‘(A) the program satisfies the require-
ments of paragraph (2); and
‘‘(B) the State has the capability to imple-
ment such requirements.
‘‘(4) GRANTS
FOR
IMPLEMENTATION.—Upon
approval of a program submitted by a State under
this subsection—
‘‘(A) the Secretary may make grants to the
State for administration of the program, as pro-
vided by subsection (g)(3)(A); and
‘‘(B) the Secretary may enter into a
memorandum of understanding with the State,
as provided by subsection (g)(3)(A), under
which the State may make grants to designated
watershed councils for development of plans
and interim recommendations under subsection
(c).
‘‘(b) WATERSHED COUNCILS.—
‘‘(1) IN GENERAL.—A State, pursuant to a pro-
gram approved under subsection (a), may designate
1 or more watershed councils to carry out the plan-
ning functions identified in subsection (c). The State
shall also designate and describe the watershed for
which the council shall have planning responsibil-
ities.
‘‘(2) CAPABILITIES AND PURPOSES OF COUN-
CILS.—A watershed council shall be eligible for des-
ignation under an approved State program if the
council meets the following conditions:
‘‘(A) The council is a voluntary organiza-
tion possessing no direct or indirect regulatory
authority, convened by a State, a local gov-
erning body such as a city, county, town, water
supply or sewer district, watershed district,
drainage district, soil and water conservation
district, flood control district, resource con-
servation district, or irrigation district, or by
any combination of such governing bodies.
‘‘(B) The council’s membership is fairly
balanced in terms of the points of view rep-
resented and the functions to be performed and
is representative of interests within the water-
shed, including tribal, private, public, govern-
mental, and nonprofit interests, as well as exist-
ing special purpose districts, as appropriate,
that may be affected by the activities of the
council.
‘‘(C) The council has a specific charter, to
be approved by the State upon designation, that
commits the council to achieving the objectives
of this section in a timely manner.
‘‘(D) The council has available to it,
through its members, through cooperation with
the State fish and wildlife agency and the State
technical committee, or through identified advi-
sory groups, institutions, or individuals, the ex-
pertise necessary to perform the functions iden-
tified in this section in a timely manner.
‘‘(E) The council has adopted procedures
to ensure public participation in the council’s
activities.
‘‘(F) The council has authority, through an
agreement with the council’s member agencies
(including conservation districts and resource
conservation districts), to ensure proper admin-
istration of and accounting for grant funds pro-
vided under this section, as well as other public
or private funds.
‘‘(3) OTHER CONSIDERATIONS.—
‘‘(A) WATERSHEDS
LOCATED
IN
MORE
THAN 1 STATE.—Two or more States may joint-
ly designate a watershed council to carry out
planning functions for any watershed, the lands
and waters of which lie within more than 1 ju-
risdiction, and may choose to facilitate such a
program through an appropriate regional fish-
eries commission.
‘‘(B) PREFERENCE FOR EXISTING COUN-
CILS.—In designating watershed councils under
this subsection, the State shall give preference
to existing watershed councils or similar bodies
organized under other authorities for purposes
similar to the purposes of this section, and to
existing local and regional resource planning or-
ganizations, if such councils or organizations, or
portions thereof, substantially satisfy the re-
quirements of paragraph (2).
‘‘(4) APPLICATION
AND
DESIGNATION
PROC-
ESS.—
‘‘(A) 
APPLICATIONS.—An 
organization
meeting the requirements of paragraph (2) may
apply for designation as a watershed council by
submitting a description of its capabilities and
purposes, together with its proposed charter
and a description of the relevant watershed, to
the State whose program has been approved
pursuant to subsection (a).
‘‘(B) DESIGNATIONS.—The State shall—
‘‘(i) review and evaluate the adequacy
of the descriptions together with any sup-
plemental information that may be re-
quired and, if determined complete by the
State, publish the description for public
comment; and
‘‘(ii) within a reasonable time after
the close of the public comment period,
issue a decision, under State law, together
with a response to significant public com-
ments, either designating the watershed
council and the watershed, with or without
conditions, or denying the application.
‘‘(C) EFFECT
OF
DESIGNATIONS.—Upon
the designation of a watershed council and as-
sociated watershed, the council shall be eligible
to receive funding to carry out its planning
functions, as provided in subsection (g). A des-
ignated watershed council shall remain eligible
to receive funding and to have its plan or revi-
sions thereto considered for approval, as pro-
vided by this section, so long as it continues to
serve the purposes of its charter, as determined
by the State.
‘‘(c) WATERSHED PLANNING PROCESS.—
‘‘(1) COMPREHENSIVE
PLANS.—A designated
watershed council shall develop a comprehensive
fisheries habitat protection, restoration, and en-
hancement plan for submission to the State that, at
a minimum, meets the requirements of paragraph
(4). The designated watershed council shall consider
the views of the appropriate State fish and wildlife
agency in order to ensure that the comprehensive
plan will complement the implementation of existing
fisheries-related plans developed pursuant to other
laws or requirements. The designated watershed
council shall consult with the State technical com-
mittee, the State department of agriculture, and
other appropriate organizations with relevant exper-
tise in order to ensure that the comprehensive plan
will complement the implementation of existing plans
developed by State technical committees and reflect
a thorough evaluation of the effect of the council’s
recommendations on existing land use activities, in-
cluding agricultural uses.
‘‘(2) INTERIM
RECOMMENDATIONS.—In addi-
tion to developing a comprehensive plan, a des-
ignated watershed council may submit for approval
interim recommendations that address high priority
factors or activities causing imminent adverse im-
pacts or threats to fisheries habitat located in high
priority portions of waters within the watershed. The
interim recommendations shall conform to the re-
quirements of paragraph (4)(D), shall be reviewed in
accordance with subsection (d), and shall have the
same effect as recommendations contained in ap-
proved plans, as provided by subsection (e).
‘‘(3) DATA
COLLECTION
AND
EXPERTISE.—A
designated watershed council—
‘‘(A) shall collect and consider the best
available scientific information;
‘‘(B) may develop such additional data and
information as may be necessary or desirable;
and
‘‘(C) shall consult with the appropriate
State fish and wildlife agency, the State tech-
nical committee, the State water quality agency,
and such other experts, including relevant Fed-
eral land and resource management agencies, as
may be necessary to carry out the comprehen-
sive planning process described in paragraph
(4).
‘‘(4) PLANNING ELEMENTS.—A comprehensive
plan developed and submitted for approval pursuant
to this section shall include a discussion of each of
the following planning elements:
‘‘(A) CHARACTERIZATION OF WATERS AND
WATERSHEDS.—A characterization of the wa-
ters of the watershed in terms of—
‘‘(i) any fisheries-related indicators
and habitat characteristics that have been
established by the State fish and wildlife
agency pursuant to subsection (g)(2) or,
prior to such establishment, the informa-
tion issued by the Secretary of the Interior
pursuant to such subsection;
‘‘(ii) existing geomorphological charac-
teristics;
‘‘(iii) existing manmade topographic
features that govern the quantity or flow
of waters;
‘‘(iv) existing and historic wetlands,
channels, meander belts, erosion zones,
and low lying areas of the floodplain, in-
cluding a description of any historic and
present flooding patterns;
‘‘(v) existing watershed soils, their po-
tential to erode, and measures taken by
landowners to prevent runoff and erosion;
‘‘(vi) existing land cover and land uses
that affect the watershed’s ability to sup-
port fishery resources;
‘‘(vii) existing and potential fisheries-
related uses of such waters, including rec-
reational, subsistence, and economic uses,
that are or may be affected by adverse im-
pacts on fisheries habitats or by restric-
tions on public access;
‘‘(viii) whether such waters, or por-
tions of such waters, should be considered
to be habitat limited, of high value, or ac-
cess restricted for fisheries uses; and
‘‘(ix) existing protections for fishery
and habitat values.
‘‘(B) RECOMMENDED
OBJECTIVES.—The
council’s near-term and long-term objectives for
the protection and restoration of fisheries habi-
tat and enhancement of access within the wa-
tershed, including, as relevant and appropriate,
recommendations for—
‘‘(i) protection of high-value waters
through implementation of measures to
maintain habitat conditions that will sus-
tain a healthy, resilient, diverse, and pro-
ductive aquatic system;
‘‘(ii) restoration of habitat limited wa-
ters or portions of such waters through im-
plementation of measures to produce habi-
tat conditions that will sustain a healthy,
resilient, diverse, and productive aquatic
system; and
‘‘(iii) enhancement of access for fish-
eries uses in restricted waters through im-
plementation of projects or measures to in-
crease public access, use, and enjoyment.
‘‘(C) IDENTIFICATION OF EXISTING FAC-
TORS, 
ACTIVITIES, 
PROJECTS, 
AND
MEAS-
URES.—An identification of the factors and ac-
tivities causing adverse impacts or threats to
fisheries habitat, and restrictions on access for
fisheries uses, within the watershed and an
identification of the projects and measures, ei-
ther planned or currently being implemented,
that are designed to address the adverse im-
pacts, threats, or restrictions. At a minimum, a
comprehensive plan shall specifically consider
the following categories of factors and activities:
‘‘(i) Degraded or modified fisheries
habitat (such as channelized streams, ero-
sion sources, reduced or modified in-stream
flows, disrupted sediment transport mecha-
nisms, damaged or destroyed riparian
vegetation, damaged or destroyed spawning
beds, and drained backwaters or wetlands)
and any upland activities that are contrib-
uting to such degradation.
‘‘(ii) The principal categories of point
and nonpoint sources of pollution adversely
affecting fisheries habitat.
‘‘(iii) Flood control measures and
other floodplain management factors that
may have an adverse impact on fisheries
habitat.
‘‘(iv) Alteration or reduction of water
flows, timing, and magnitude of water-flow
management measures, and acceleration of
runoff that have an adverse impact on
fisheries habitat.
‘‘(v) Factors and activities causing de-
struction, modification, or degradation of
wetlands that may have an adverse impact
on fisheries habitat.
‘‘(D) 
RECOMMENDED
PROJECTS
AND
MEASURES.—
‘‘(i) IN GENERAL.—A comprehensive
plan shall set forth the council’s rec-
ommendations for specific projects and
measures that should be undertaken,
strengthened, supported, or modified in
order 
to 
achieve 
the 
objectives 
rec-
ommended pursuant to subparagraph (B)
and to address the factors and activities
identified pursuant to subparagraph (C).
‘‘(ii) PRIORITY RANKINGS.—The coun-
cil shall assign a priority ranking to each
project and measure for which implementa-
tion payments are recommended pursuant
to the authority provided by subsection (e).
‘‘(iii) ANTICIPATED
EFFECTS.—The
plan shall identify anticipated effects on
existing land use activities.
‘‘(iv) SOURCES
OF
FUNDING.—With
respect to each recommendation, the plan
shall identify potential sources of Federal,
State, local, or other financial support to
facilitate 
implementation 
of 
the 
rec-
ommendation.
‘‘(E) CATEGORIES.—In setting forth its
recommendations, a comprehensive plan shall
address at least the following categories:
‘‘(i) For high value and habitat lim-
ited waters, any necessary projects and
measures that should be undertaken,
strengthened, supported, or modified, with
the willing consent of persons holding a
property interest in affected lands, to pro-
tect or improve physical fisheries habitat
conditions, such as—
‘‘(I) instream modifications and
structures;
‘‘(II) streamside vegetation;
‘‘(III) modifications to flood con-
trol measures and structures to im-
prove the connection of rivers to low-
lying areas such as backwaters, side
channels, 
oxbows, 
and 
tributary
mouths;
‘‘(IV) improvement of floodplain
management practices and flood con-
trol programs;
‘‘(V) improved stream flow con-
trol practices to simulate more nat-
ural flow regimes;
‘‘(VI) flood-response and dis-
aster-relief planning and measures
that will preserve or improve habitat
integrity in connection with decisions
regarding flood response, cleanup,
levee restoration, or other alternatives
following future floods; and
‘‘(VII) other appropriate tech-
niques for the protection or improve-
ment of fisheries habitat.
‘‘(ii) For nonpoint sources or cat-
egories of nonpoint sources contributing
pollutants, including sediments, to habitat
limited waters, any necessary incentives,
funding, or other assistance to facilitate
implementation, with the willing consent of
persons holding a property interest in af-
fected lands, of additional or different best
management practices.
‘‘(iii) For high value and habitat lim-
ited waters, any necessary incentives, fund-
ing, or other assistance, to be undertaken
with the willing consent of persons holding
a property interest in affected lands, for
the prevention or mitigation of adverse im-
pacts on fisheries habitat from the destruc-
tion or modification of wetlands.
‘‘(iv) For restricted waters, any nec-
essary incentives, funding, or other assist-
ance, to be undertaken with the willing
consent of persons holding a property in-
terest in affected lands, for improvement of
public access to such waters for enhance-
ment of fisheries uses. The Council shall
include in any recommendation for im-
provement of public access a determination
that enhancement of fisheries uses will be
consistent with sustaining a healthy, resil-
ient, diverse, and productive aquatic sys-
tem in the affected waters.
‘‘(F) 
RECOMMENDED
MONITORING.—A
comprehensive plan shall set forth the council’s
recommendations for biological, water quality,
water quantity, and other monitoring activities
that are necessary to assess the protection, res-
toration, and enhancement benefits realized
from implementation of the plan, together with
the potential sources of funding and other re-
sources necessary for their implementation.
Monitoring should be consistent with the dura-
tion of the activity being monitored and the
need to evaluate the results of the activity.
‘‘(G) PLANNING
PROCESS
DOCUMENTA-
TION.—A comprehensive plan should describe
and document the steps taken by the watershed
council during the planning process to meet its
consultation and public participation obligations
and shall describe the results of its consulta-
tions with persons holding a property interest in
the affected lands that potentially would be af-
fected by recommendations contained in the
plan.
‘‘(5) PERIODIC REVIEW AND REVISION.—
‘‘(A) IN GENERAL.—A designated water-
shed council shall review and, as necessary or
appropriate, revise or update an approved plan
on a regular basis for as long as the watershed
council continues to be designated, but not less
frequently than once every 5 years.
‘‘(B) 
APPROVAL.—Revised 
or 
updated
plans shall be submitted for approval as re-
quired by subsection (d), and if approved as
provided therein, shall have the effect of an ap-
proved plan pursuant to subsection (e).
‘‘(C) PLANS TO TERMINATE COUNCILS.—
The State shall periodically review each ap-
proved plan for which a watershed council has
been terminated and shall decide whether to
continue, terminate, or modify the plan in ac-
cordance with the requirements of subsection
(d).
‘‘(d) APPROVAL
OF PLANS
AND INTERIM REC-
OMMENDATIONS.—
‘‘(1) SUBMISSION
OF
PLANS.—A watershed
council shall submit its comprehensive plan or in-
terim recommendations to the State for approval in
accordance with this subsection.
‘‘(2) PUBLIC PARTICIPATION.—If the State ten-
tatively determines that the plan or interim rec-
ommendations meets the requirements of subsection
(c), the State shall promptly issue a public notice
and provide an opportunity for public comment and
shall ensure that each Federal and State agency
with jurisdiction over any expenditures, projects,
measures, or management decisions that are the
subject of any recommendations shall receive a copy
of the plan or interim recommendations submitted
for approval and be given an opportunity to consult
with the State prior to the State’s decision. A public
hearing shall be held during the public comment pe-
riod if requested and if significant issues are raised
by any interested person.
‘‘(3) DECISIONS.—Following the close of the
public comment period, the State shall issue, and
provide public notice of, a decision approving or dis-
approving, in whole or in part, the plan or interim
recommendations. The decision shall—
‘‘(A) provide any necessary conditions of,
or limitations on, an approval or partial ap-
proval;
‘‘(B) describe the grounds for any dis-
approval or partial disapproval and specify
those changes that will be necessary before the
plan or interim recommendations may be fully
approved;
‘‘(C) indicate whether the appropriate
State and Federal agencies have expressly sup-
ported, conditionally supported, or disagreed
with any recommendations applicable to such
agencies;
‘‘(D) take into consideration the balance
and representation of the council’s membership
at the time of submission, as well as the views
expressed by council members who do not sup-
port 1 or more of the recommendations;
‘‘(E) respond to all significant comments
received during the public comment process;
and
‘‘(F) prescribe a specific date, not later
than 30 days after the date of the decision, on
which the decision shall be effective.
‘‘(4) RESUBMISSION OF PLANS.—If any plan or
interim recommendation, or any portion thereof, is
disapproved, or if conditions or limitations are pre-
scribed in connection with approval or partial ap-
proval, the designated council may revise the plan or
interim recommendation in response to the condi-
tions, limitations, or grounds for disapproval and re-
submit the plan or interim recommendation for re-
consideration in accordance with the requirements of
this subsection.
‘‘(e) EFFECT OF PLAN APPROVAL.—
‘‘(1) IN GENERAL.—After the effective date of
any approved plan or interim recommendation, the
expenditures, management, planning, and activities
described in this subsection shall be subject to the
conditions and procedures of this subsection to the
extent that such expenditures, management, plan-
ning, or activities take place on or directly affect
lands or waters within the watershed. Nothing in
this section shall be construed to require any person
to undertake or refrain from any action pursuant to
any recommendation contained in an approved plan
or interim recommendation unless willing written
consent is obtained from each person holding a prop-
erty interest in the lands affected by such action.
‘‘(2) IMPLEMENTATION EXPENDITURES.—
‘‘(A) IN
GENERAL.—Subject to the re-
quirements of this paragraph, projects and
measures that support or implement specific
recommendations contained in an approved plan
or interim recommendation shall be eligible for
financial support from the State’s fisheries
habitat account established pursuant to sub-
section (g)(3)(B).
‘‘(B) USE OF FUNDS IN STATE FISHERIES
HABITAT ACCOUNTS.—
‘‘(i) PROVISION OF FUNDS.—A State
is authorized to provide funds from the
State’s fisheries habitat account to persons
who enter into legally binding contracts or
other agreements for implementation of ex-
isting or new projects and measures rec-
ommended by watershed councils pursuant
to approved plans or interim recommenda-
tions.
‘‘(ii) PERMITTED USES OF FUNDS.—
Funds from a State’s fisheries habitat ac-
count may be provided for any purpose
identified in an approved plan or interim
recommendation, including—
‘‘(I) design, construction, oper-
ation, maintenance or removal of any
structures;
‘‘(II) conduct of activities, such
as management practices, not other-
wise prohibited by law;
‘‘(III) acquisition of lands or
easements with the written consent of
each person holding a property inter-
est in the affected lands;
‘‘(IV) offset payments to local
governments when acquisitions reduce
local tax revenues;
‘‘(V) restriction of livestock ac-
cess to waters and provision of alter-
native water supplies for such live-
stock; and
‘‘(VI) payments for the purpose
of funding, in whole or in part, the in-
creased premiums for crop insurance
made necessary by, and for a period
consistent with, reduced flood protec-
tion caused by projects or measures
recommended pursuant to subsection
(c)(4)(E)(i).
‘‘(iv) PROHIBITED USES OF FUNDS.—
No funds may be expended from a State’s
fisheries habitat account for the planning,
engineering, design, or construction of
dams or the planning, design, engineering
or construction of roads on public lands.
‘‘(C) The State shall establish a system of
appropriate limits on the maximum percentage
of total costs for a project or measure that may
be provided from the fisheries habitat account.
The system shall reflect the priority rankings
assigned to recommendations contained in ap-
proved plans and interim recommendations. In
addition, the State shall utilize its priority
ranking system to establish, and revise annu-
ally, a comprehensive priority sequence for
funding the projects and measures that have
been recommended by watershed councils.
‘‘(D) If recommended in the approved plan
or interim recommendation, expenditures from
fisheries habitat accounts also may be made for
the payment of not to exceed 15 percent of the
non-Federal share required pursuant to the pro-
grams listed in subparagraph (E). Such expend-
itures may be made without regard to otherwise
applicable limitations under such programs on
the maximum funding for individual projects or
activities, or the maximum duration of funding,
and may be used to fund portions of projects
and measures under such programs that may
be ineligible due to size restrictions or other
limitations.
‘‘(E) The following programs shall be sub-
ject to the authority provided by subparagraph
(D):
‘‘(i) The wetlands reserve program es-
tablished by subchapter C of chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3837–3837f).
‘‘(ii) The environmental quality incen-
tives program established by chapter 4 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa–3839aa–
8).
‘‘(iii) The emergency conservation
program established by title IV of the Ag-
ricultural Credit Act of 1978 (16 U.S.C.
2201–2205).
‘‘(iv) The national estuary program
established by section 320 of the Federal
Water Pollution Control Act (33 U.S.C.
1330).
‘‘(v) The wildlife conservation and ap-
preciation program established by title VII
of the Oceans Act of 1992 (16 U.S.C.
3741–3744).
‘‘(vi) The farmland protection pro-
gram established by the Farmland Protec-
tion Policy Act (7 U.S.C. 4201–4209).
‘‘(vii) The North American Wetlands
Conservation Act (16 U.S.C. 4401–4414).
‘‘(viii) The forestry incentives pro-
gram established by section 4 of the Coop-
erative Forestry Assistance Act of 1978
(16 U.S.C. 2103).
‘‘(ix) The cooperative forestry assist-
ance program established by sections 5 and
6 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103a and 2103b).
‘‘(x) The Federal aid in wildlife res-
toration program established by the Act of
September 2, 1937 (Chapter 899; 50 Stat.
917; 16 U.S.C. 669–669i).
‘‘(xi) The Federal aid in sportfish res-
toration program established by the Act of
August 9, 1950 (Chapter 658; 64 Stat.
430; 16 U.S.C. 777–777l).
‘‘(xii) The watershed protection and
flood prevention program established by
the Watershed Protection and Flood Pre-
vention Act (16 U.S.C. 1001–1008).
‘‘(xiii) The wildlife habitat incentives
program established by section 387 of the
Federal Agricultural Improvement and Re-
form Act of 1996 (16 U.S.C. 3836a).
‘‘(xiv) The partners for fish and wild-
life habitat restoration program established
under the Fish and Wildlife Act of 1956
(16 U.S.C. 742a et seq.) and the Fish and
Wildlife Coordination Act (16 U.S.C. 661
et seq.).
‘‘(xv) The emergency protection pro-
gram established by section 216 of the
Flood Control Act of 1950 (33 U.S.C.
701b–1; 64 Stat. 184).
‘‘(xvi) The conservation reserve pro-
gram established by sections 1231 through
1236 of Public Law 99–198 (16 U.S.C.
3831–3836).
‘‘(xvii) The clean lakes program estab-
lished by section 314 of the Federal Water
Pollution Control Act (33 U.S.C. 1324).
‘‘(xviii) The Great Lakes program es-
tablished by section 118 of the Federal
Water Pollution Control Act (33 U.S.C.
1268).
‘‘(xix) The flood hazard mitigation
and riverine ecosystem restoration program
(also known as ‘‘Challenge 21’’) estab-
lished under section 212 of the Water Re-
sources Development Act of 1999 (33
U.S.C. 2332).
‘‘(F) If specifically recommended in the ap-
proved plan or interim recommendation, ex-
penditures pursuant to any Federal program,
the purpose of which is to provide for flood
damage compensation payments for loss of
crops, livestock, or structures, may be in-
creased, notwithstanding any otherwise applica-
ble restriction provided by law, with respect to
specifically designated lands within the water-
shed that are or would be subject to increased
flooding due to projects or measures rec-
ommended pursuant to subsection (c)(4)(E)(i).
Expenditures described in the preceding sen-
tence may be made either upon the incidence of
a compensable loss or pursuant to a binding
agreement providing for future fixed payments
that are subject to such conditions and limita-
tions as may be necessary or appropriate to
carry out the purposes of the watershed coun-
cil’s recommendations.
‘‘(3) FEDERAL LANDS.—Each Federal depart-
ment or agency with jurisdiction to manage Federal
lands within a designated watershed shall consider
those recommendations related to improvements in
the management of such lands that are contained in
approved plans or interim recommendations in all
future decisions respecting planning and activities on
such lands that will have significant impacts on fish-
eries habitat and uses and shall issue and make pub-
licly available a written explanation of its decisions
setting forth its rationale for adopting or departing
from such recommendations.
‘‘(4) FEDERAL PLANNING AND ACTIVITIES.—
‘‘(A) IN GENERAL.—Federal departments
and agencies, States, and units of local govern-
ment undertaking federally funded planning
and activities on non-Federal lands affecting
waters within the watershed shall consider those
recommendations pertaining to such planning
or activities contained in an approved plan or
interim recommendation and shall issue and
make publicly available a written explanation
setting forth its rationale for adopting or de-
parting from such recommendations.
‘‘(B) PLANNING AND ACTIVITIES ON NON-
FEDERAL LANDS AFFECTING WATERS WITHIN
THE WATERSHED.—In this paragraph, the term
‘planning and activities on non-Federal lands
affecting waters within the watershed’ means
the planning, design, or conduct of actions that
substantially and physically alter structures,
lands, or waters within the 100-year floodplain
in a manner that directly and significantly af-
fects fisheries habitat.
‘‘(C) MAINTENANCE
OF
NAVIGATION.—
This section shall not be construed as affecting
or impairing any authority of the Federal Gov-
ernment to maintain navigation.
‘‘(5) WETLANDS JURISDICTION.—The baseline
jurisdictional status of any agricultural lands on
which wetlands may be created or expanded as a re-
sult of increased flooding or altered drainage pursu-
ant to projects or measures recommended pursuant
to subsection (c)(4)(E)(i) shall, upon expiration or
termination of the agreement pursuant to which
such projects or measures were implemented, revert
to their baseline jurisdictional status. The jurisdic-
tional status of any agricultural lands on which wet-
lands may be created or expanded as a result of in-
creased flooding or altered drainage pursuant to
projects or measures recommended pursuant to sub-
section (c)(4)(E)(i) shall, to the extent of such cre-
ation or expansion, be governed by the methods and
regulations of the applicable program listed in sub-
section (e)(2)(E), as well as any regulations issued
under section 404 that are applicable to such pro-
gram, as those methods and regulations exist at the
time such funding is approved. The discharges from
any wetlands that are created or expanded for agri-
cultural pollution control purposes pursuant to rec-
ommendations contained in an approved plan or in-
terim recommendation shall not be required to ob-
tain a permit pursuant to sections 301 and 402 if
pollutants entering such wetlands result only from
normal agricultural practices such as crop produc-
tion, raising of livestock, or silvicultural activities.
‘‘(f) COMMUNITY FISHERIES HABITAT REVITALIZA-
TION PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary of the Inte-
rior, acting through the Director of the United
States Fish and Wildlife Service, shall establish a
community fisheries habitat revitalization program
in accordance with this subsection. Pursuant to the
program, the Secretary of the Interior shall provide
funding and technical assistance to each State fish
and wildlife agency for development and construction
of projects designed to improve urban watersheds
and public access to the waters of urban watersheds
in order to restore fisheries habitat or enhance fish-
eries uses and to provide recreational opportunities.
In cooperation with the State fish and wildlife agen-
cies, the Secretary of the Interior shall issue such
guidance as may be necessary to provide for the
planning and implementation of the program.
‘‘(2) ELIGIBLE PROJECTS.—In accordance with
the guidance issued pursuant to paragraph (1), each
State fish and wildlife agency may provide funding
and technical assistance to a project sponsor, as de-
fined by paragraph (3), for any project designed to
restore or enhance urban watersheds or waterways
in order to achieve 1 or more of the following objec-
tives:
‘‘(A) Watershed restoration and protection.
‘‘(B) Creation of floodplain riparian zones.
‘‘(C) Restoration or creation of wetlands.
‘‘(D) Stormwater management or treat-
ment.
‘‘(E) Removal of barriers to fish passage.
‘‘(F) Reestablishment of stream channel
environments.
‘‘(G) Creation or enhancement of rec-
reational fishing opportunities.
‘‘(H) Support for the formation and activi-
ties of local organizations to plan and imple-
ment restoration or enhancement projects.
‘‘(3) PROJECT SPONSORS AND COSPONSORS.—
Each project for which funding or technical assist-
ance is provided by a State fish and wildlife agency
under the program shall have a project sponsor. The
project sponsor may be a nonprofit organization or
a State, sub-State, tribal, or local unit of govern-
ment, agency, or district within the project area that
is authorized to receive, account for, and administer
funding and to execute such other responsibilities as
the Secretary of the Interior may prescribe for grant
agreements between the State agency and project
sponsor under the program. Any other such person
may be a project cosponsor.
‘‘(4) 
PROJECT
AREAS
AND
LOCATIONS.—
Projects receiving funding or assistance under this
program shall be located within the boundaries of an
urban watershed. Such projects may be eligible if
carried out on any municipal, Federal, State, county,
tribal, or private lands owned by the project sponsor
or a cosponsor.
‘‘(5) PROGRAM
PRIORITIES.—Each State fish
and wildlife agency shall give priority to funding and
providing technical assistance for projects—
‘‘(A) for which support and participation
by local citizens, governmental entities and
other affected interests has been demonstrated;
‘‘(B) located in or directly benefiting low-
income or economically depressed areas;
‘‘(C) designed to provide significant im-
provement in fisheries habitat and other eco-
logical values and functions in the watershed;
‘‘(D) that will integrate local communities,
schools, and for-profit and nonprofit organiza-
tions in efforts to restore or enhance commu-
nity fisheries or water quality and to provide
education and training opportunities in connec-
tion with such efforts; or
‘‘(E) that will contribute to the improve-
ment or creation of local business related to the
access to, and recreational use of, urban water-
sheds.
‘‘(6) GRANT
APPLICATION, APPROVAL, AND
PROGRAM IMPLEMENTATION.—The Secretary of the
Interior shall ensure that each State fish and wildlife
agency to which funding is provided under this sub-
section has the capability to efficiently and effec-
tively administer the program, including procedures
for—
‘‘(A) furnishing application procedures, eli-
gibility criteria, and other necessary informa-
tion to prospective project sponsors;
‘‘(B) simplifying or streamlining con-
tracting processes for grants not exceeding
$100,000; and
‘‘(C) reviewing applications and recom-
mending grant awards by an interdisciplinary
team possessing expertise in hydrology, ecology,
biology, recreation, agriculture, or such other
disciplines as may be necessary.
‘‘(7) FEDERAL SUPPORT AND REPORTING.—
‘‘(A) COMPILATION
OF
INFORMATION.—
The Secretary of the Interior shall compile in-
formation received from State fish and wildlife
agencies, based on annual reports to be pro-
vided by project sponsors, and transmit to ap-
propriate committees of the Congress not later
than January 1 of each year a comprehensive
report on implementation of the program, to-
gether with recommendations for any necessary
improvements or changes to program.
‘‘(B) ESTABLISHMENT
OF
COMMUNITY
FISHERIES
HABITAT
CLEARINGHOUSE.—In
order to support local implementation of
projects under the program, the Secretary of
the Interior, not later than 12 months after the
date of enactment of this section, shall establish
a community fisheries habitat clearinghouse
that will develop and maintain—
‘‘(i) a comprehensive and electroni-
cally accessible database, including a li-
brary of urban watershed restoration mate-
rials such as publications, periodicals, tech-
nical references, and videotaped informa-
tion; and
‘‘(ii) a listing of grassroots organiza-
tions, State, Federal, and tribal agencies,
and non-profit groups involved in urban
watershed restoration activities.
‘‘(C) LOCATION OF DATABASE.—The loca-
tion of the database will be selected by the Sec-
retary of the Interior after considering applica-
tions received from interested parties solicited
through public notice.
‘‘(8) CONDITIONS AND LIMITATIONS ON FUND-
ING.—The Secretary of the Interior shall establish
appropriate conditions and limitations applicable to
funding provided under the program, including the
following:
‘‘(A) A requirement that the Federal share
of the cost for implementing each project shall
not exceed 70 percent of the cost of the project
in any fiscal year and shall not exceed a total
of $500,000. Not more than 10 percent of the
Federal share of the cost of a project provided
in any fiscal year may be used for administra-
tive expenses.
‘‘(B) A provision allowing the non-Federal
share of such cost to consist, in whole or in
part, of in-kind services provided by project
participants and allowing the non-Federal share
to be waived in the case of any project carried
out in an economically depressed community
with a population of 50,000 or less.
‘‘(9) AUTHORIZATIONS.—There is authorized to
be appropriated to the Secretary of the Interior, to
carry out the program established by this subsection,
such sums as may be necessary for each of fiscal
years 2002 through 2006. Such sums shall remain
available until expended.
‘‘(g) FEDERAL SUPPORT.—
‘‘(1) TECHNICAL SUPPORT AND REPORTING.—
‘‘(A) INFORMATION
AND
GUIDELINES.—
Not later than 90 days after the date of enact-
ment of this section, and after consultation with
the Secretary of the Interior and the Adminis-
trator, the Secretary shall issue—
‘‘(i) information and guidelines on the
minimum content of State programs to be
approved under subsection (a);
‘‘(ii) information and guidelines on
the capabilities and purposes that should
be demonstrated by watershed councils
under subsection (b)(2); and
‘‘(iii) compilations of information,
such as bibliographies, manuals, sum-
maries or other appropriate means of orga-
nizing and disseminating information per-
taining to each of the planning elements
specified under subsection (c)(4).
‘‘(B) GUIDANCE.—The Secretary, after
consultation with the Administrator and the
Secretary of the Interior, shall issue guidance
to the States setting forth minimum require-
ments for applications to receive program
grants under paragraph (3)(A).
‘‘(C) PROGRESS REPORTS.—For purposes
of evaluating the progress of State and tribal
programs approved under this section, the Sec-
retary, in consultation with the Secretary of the
Interior and the Administrator, shall assemble
and review all reports on monitoring activities
carried out pursuant to watershed council rec-
ommendations and publish a report at least bi-
ennially describing the progress and accomplish-
ments of such programs, as well as rec-
ommendations for improvements in the design
or implementation of such programs.
‘‘(D) REPORT
ON
STATE
OF
FISHERIES
HABITATS.—The Secretary of the Interior shall
review the reports prepared by the Secretary of
Agriculture pursuant to the subparagraph (C),
together with any other information or data the
Secretary of the Interior may develop or deter-
mine to be necessary, and shall publish a report
at least biennially describing the state of the
Nation’s fishery habitats as well as the overall
progress being achieved in protecting and re-
storing such habitats.
‘‘(2) FISHERIES-RELATED INFORMATION INDI-
CATORS AND HABITAT CHARACTERISTICS.—
‘‘(A) IN GENERAL.—The Secretary of the
Interior, in cooperation with State fish and
wildlife agencies, shall compile and provide sci-
entific information for consideration by such
agencies in developing fisheries-related indica-
tors and associated habitat characteristics, as
described in this paragraph, and for consider-
ation by designated watershed councils in char-
acterizing waters and establishing watershed
objectives pursuant to subsection (c)(4).
‘‘(B) CONTENT OF CRITERIA.—Fisheries-
related indicators may be established by the
State fish and wildlife agencies pursuant to this
paragraph to set forth the appropriate factors,
indicators, measurements, and other consider-
ations which, independently or in combination,
will be indicative of a healthy, resilient, diverse,
and productive aquatic system and may distin-
guish among general categories of fisheries
based upon natural variations such as water
temperature and chemistry, flow regime, biotic
factors, habitat structure and composition,
drought, and any other relevant and appro-
priate considerations.
‘‘(C) HABITAT
CHARACTERISTICS.—With
respect to each general category of fisheries for
which criteria are established pursuant to this
paragraph, the State fish and wildlife agencies
should set forth those habitat characteristics
that are determined to be necessary or desirable
for a healthy, resilient, diverse, and productive
aquatic system, together with a description of
the most significant factors, including water
quality and quantity, that can cause adverse
impacts on or threats to those characteristics.
‘‘(3) FUNDING.—
‘‘(A) GRANTS FOR OPERATION OF STATE
PROGRAMS.—
‘‘(i) IN
GENERAL.—The Secretary
shall make grants to any State, with a pro-
gram approved under subsection (a) for
payment of the reasonable costs of car-
rying out the responsibilities described in
subsection (a)(2). Not less than 90 percent
of the amount of such grants made pursu-
ant to this paragraph shall be reserved for
supporting the planning and implementa-
tion of approved activities of designated
watershed councils.
‘‘(ii) 
MEMORANDUM
OF
UNDER-
STANDING.—As a condition of such grants,
the Secretary and the State shall enter
into a memorandum of understanding set-
ting forth the objectives and funding prior-
ities for the program, including conditions
requiring the State to undertake specific
activities to promote the formation of wa-
tershed councils through education, out-
reach, and the provision of funding for or-
ganizational and planning efforts to de-
velop requests for designation, as well as
conditions requiring the State or regional
fisheries commission to provide a substan-
tial portion of the funds available for wa-
tershed planning to those watershed coun-
cils associated with high priority water-
sheds.
‘‘(iii) LIMITATION
ON
ADMINISTRA-
TIVE EXPENSES.—Not more than 10 per-
cent of the amount of any grant made by
a State to a designated watershed council
may be used to pay the cost of administra-
tion or overhead in connection with the
council’s activities.
‘‘(iv) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to the Secretary to carry out this
paragraph such sums as may be necessary
for each of fiscal years 2002 through
2006. Such sums shall remain available
until expended
‘‘(B) FISHERIES HABITAT ACCOUNTS FOR
IMPLEMENTATION SUPPORT.—
‘‘(i) ESTABLISHMENT.—Each State
with a program approved pursuant to sub-
section (a) shall establish a fisheries habi-
tat account for the purpose of providing fi-
nancial support for implementation of
projects and measures recommended by
watershed councils pursuant to approved
plans and interim recommendations.
‘‘(ii) TRANSFERS.—Each State with a
program approved pursuant to this section
may reserve and transfer into its fisheries
habitat account an amount not to exceed
20 percent of the funds received in fiscal
year 2002 and each fiscal year thereafter
pursuant to section 319. Amounts so
transferred shall remain available until ex-
pended.
‘‘(iii) AUTHORIZED FUNDING FOR RE-
STRICTING LIVESTOCK ACCESS TO WATERS
WITHIN
A
DESIGNATED
WATERSHED.—
There is authorized to be appropriated to
the Secretary not to exceed $25,000,000
for fiscal year 2002 and each fiscal year
thereafter for the purpose of making
grants to States with programs approved
under subsection (a) to enable such States
to provide funds to any person, through an
account within a State’s fisheries habitat
account, for implementation of any appro-
priate measures recommended in an ap-
proved plan or interim recommendation for
restricting livestock access to waters within
a designated watershed and for providing
alternative water supplied for such live-
stock. Such sums shall remain available
until expended.
‘‘(iv) AUTHORIZED FUNDING FOR IM-
PLEMENTATION
OF
APPROVED
REC-
OMMENDATIONS.—There is authorized to
be appropriated to the Secretary not to ex-
ceed $250,000,000 for each of fiscal years
2002 through 2006 for the purpose of
making grants to States with programs ap-
proved pursuant to subsection (a) to enable
each such State to provide funds to any
person, through the State’s fisheries habi-
tat account, for implementation of ap-
proved recommendations, as provided by
subsection (e)(2). Such sums shall remain
available until expended.
‘‘(v) ALLOCATIONS
OF AMOUNTS.—
Amounts appropriated pursuant to clause
(iv) shall be allocated among States with
programs approved pursuant to subsection
(a) giving priority consideration to States
that exceed other States in the following
categories:
‘‘(I) The amount of hydroelectric
instream use (millions of gallons per
day) in the State in the previous cal-
endar year, as identified by the
United States Geological Service.
‘‘(II) The total number of fishing
licenses, tags, permits, and stamps
sold by the State in the previous cal-
endar year.
‘‘(III) The degree of degraded
waters in the State.
‘‘(IV) The number of river miles
and lake acres in the State.
‘‘(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
water for the purpose of augmenting instream
flows; and
‘‘(E) to obtain, under State law, an inter-
est in reservoir storage rights and the right to
release water from storage to maintain instream
flows.
Any right or interest obtained under State law in
connection with an expenditure made under this
paragraph shall be held by the appropriate State
agency or private entity or individual (as permitted
under State law) for its intended purpose in per-
petuity with respect to the purchase of a water right
or for the full term of the lease or other contractual
instrument with respect to any partial interest in a
water right.
‘‘(5) AUTHORIZATION; 
CONDITIONS
ON
EX-
PENDITURES.—The following conditions shall apply
to any expenditures made pursuant to paragraph
(4):
‘‘(A) Expenditures will result in, or make
a substantial contribution to, the maintenance
of instream flows or volumes that are necessary
to support the associated fisheries objectives or
uses designated pursuant to paragraph (2).
‘‘(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-