‘‘(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).
‘‘(iii) 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).