I
104TH CONGRESS
1ST SESSION
H. R. 1331
To amend the Watershed Protection and Flood Prevention Act to establish
a Waterways Restoration Program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 28, 1995
Ms. FURSE (for herself, Mr. HASTINGS of Florida, Mr. MANTON, Mr. RICH-
ARDSON, Mr. BEILENSON, Mr. YATES, Mr. WYDEN, Mr. DICKS, Mr.
DEFAZIO, Ms. WOOLSEY, Mr. VENTO, Ms. NORTON, Ms. MCKINNEY, Mr.
HINCHEY, Mr. MORAN, Mr. SANDERS, Mr. STUDDS, Mr. BARRETT of
Wisconsin, Mr. PORTER, Ms. ESHOO, Mr. EVANS, Ms. VELA´ZQUEZ, Mr.
MILLER
of California, Mr. SERRANO, Ms. ROYBAL-ALLARD, Mr.
GILCHREST, Mr. FROST, Mr. BRYANT of Texas, Ms. RIVERS, Mr. CON-
YERS, Mr. MARKEY, Ms. SLAUGHTER, Mr. ENGLISH of Pennsylvania, Mr.
DELLUMS, Mr. TRAFICANT, Ms. PELOSI, Mr. GIBBONS, Mr. WISE, Mrs.
MEEK of Florida, Mr. RUSH, Ms. LOFGREN, Mr. JACOBS, Mr. TAYLOR
of Mississippi, Mr. BROWN of California, Mrs. MORELLA, Mr. ROSE, Mr.
RANGEL, Mrs. LOWEY, Mr. MCDERMOTT, Mr. OLVER, Mr. FARR, Mr.
PALLONE, Mr. THOMPSON, and Mr. CLYBURN) introduced the following
bill; which was referred to the Committee on Agriculture, and in addition
to the Committees on Resources, and Transportation and Infrastructure,
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
A BILL
To amend the Watershed Protection and Flood Prevention
Act to establish a Waterways Restoration Program, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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ished fisheries, which are important to local and re-
gional cultures and economies; and
(5) low income and minority communities fre-
quently experience disproportionately severe deg-
radation of the waterways in their communities but
historically have had difficulty in meeting eligibility
requirements for Federal watershed projects under
the Watershed Protection and Flood Prevention Act
due to Federal policy obstacles such as local cost
share requirements and formulas for assessing costs
and benefits which favor high land values.
(b) POLICY.—Therefore, Congress declares it in the
national interest to—
(1) protect and restore the chemical, biological,
and physical components of waterways and associ-
ated ecological systems such that their biological and
physical structures, diversity, functions, and dynam-
ics are restored;
(2) replace deteriorating stormwater structural
infrastructures and physical waterway alterations
that are ecologically damaging with cost effective,
low maintenance, and ecologically sensitive projects;
(3) promote the use of nonstructural means to
manage and convey streamflow, stormwater, and
flood waters;
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(4) increase the involvement of the public and
youth conservation and service corps in the monitor-
ing, inventorying, and restoration of watersheds in
order to improve public education, prevent pollution,
and develop coordinated citizen and governmental
partnerships to restore damaged waterways; and
(5) benefit business districts, local economies,
and neighborhoods through the restoration of water-
ways and the development of multiuse greenway cor-
ridors.
SEC. 3. WORKS OF IMPROVEMENT DEFINED.
The second paragraph of section 2 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1002; re-
lating to works of improvement) is amended by striking
the following: ‘‘Each project must contain benefits directly
related to agriculture, including rural communities, that
account for at least 20 percent of the total benefits of the
project.’’.
SEC. 4. WATERWAYS RESTORATION PROGRAM.
The Watershed Protection and Flood Prevention Act
(16 U.S.C. 1001–1008; 1010) is amended by adding at
the end the following:
‘‘SEC. 14. WATERWAYS RESTORATION PROGRAM.
‘‘(a) 
ESTABLISHMENT.—The 
Secretary, 
acting
through the Chief of the Natural Resources Conservation
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Service, shall establish and implement a Waterways Res-
toration Program in accordance with the requirements of
this section. Under the program, the Secretary shall pro-
vide technical assistance and grants, on a competitive
basis, to eligible entities to assist such entities in carrying
out waterway restoration projects.
‘‘(b) PROJECT ELIGIBILITY.—
‘‘(1) PROJECT OBJECTIVES.—A project shall be
eligible for assistance under the program if the
project is designed to achieve ecological restoration
or protection and 1 or more of the following objec-
tives:
‘‘(A) Flood damage reduction.
‘‘(B) Erosion control.
‘‘(C) Stormwater management.
‘‘(D) Water quality enhancement.
‘‘(2) LOCATION OF PROJECTS.—A project may
be carried out under the program on Federal lands
or on State or private lands in any case in which the
State or the private land owner is a sponsor or co-
sponsor of the project.
‘‘(3) PROJECT DESCRIPTIONS.—Projects eligible
for assistance under the program shall include
projects for any of the following purposes:
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‘‘(A) Restoration and monitoring of de-
graded waterways, including revegetation, res-
toration of biological communities, and changes
in land management practices.
‘‘(B) Restoration or establishment of wet-
land and riparian environments as part of a
multiobjective stormwater management system
in which the restored or established areas pro-
vide stormwater storage, detention, and reten-
tion; nutrient filtering; wildlife habitat; and in-
creased biological diversity.
‘‘(C) Reduction of runoff.
‘‘(D) Stream bank restoration using the
principles of biotechnical slope stabilization.
‘‘(E) Establishment and acquisition of
multiobjective floodplain riparian and adjacent
floodprone lands, including greenways, for sedi-
ment storage, floodwater storage and convey-
ance, wildlife habitat, and recreation.
‘‘(F) Removal of culverts and storm drains
to reestablish natural ecological conditions and
reduce flood damages.
‘‘(G) Organization of local watershed coun-
cils in conjunction with the implementation of
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on-the-ground action education or restoration
projects.
‘‘(H) Training of participants, including
youth conservation and service corps program
participants, in restoration techniques in con-
junction with the implementation of on-the-
ground action education or restoration projects.
‘‘(I) Development of waterway restoration
or watershed plans which are intended for use
within the grant agreement period to implement
specific restoration projects.
‘‘(J) Restoration of any stream channel to
reestablish a meandering, bankfull flow channel,
riparian vegetation, and floodplain in order—
‘‘(i) to restore the functions and dy-
namics of a natural stream system to a
previously channelized waterway so that
channel dimensions and floodplain zones
are appropriately sized to the watershed
and its slope, bankfull discharges, and
sediment sizes and transport rates; or
‘‘(ii) to convey larger flood flows as an
alternative to a channelization project.
‘‘(K) Release of reservoir flows to restore
riparian and instream habitat.
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‘‘(L) Watershed or wetland projects that
have undergone planning pursuant to other
Federal, State, tribal, or local programs and
laws and have received necessary environmental
review and permits.
‘‘(M) Early action projects which a water-
shed council wants to implement prior to the
completion of its required final consensus wa-
tershed plan, if the project is determined to
meet the council’s watershed management ob-
jectives and is useful in fostering citizen in-
volvement in the planning process.
‘‘(4) PRIORITY PROJECTS.—Projects which have
the following attributes shall be given priority by
interdisciplinary teams established under this section
in determining funding priorities:
‘‘(A) Projects located in or directly benefit-
ing low-income or economically depressed areas
adversely impacted by poor watershed manage-
ment.
‘‘(B) Projects that will restore or create
businesses or occupations in the project area,
including development of public access opportu-
nities for waterfront greenways.
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‘‘(C) Projects providing opportunities for
participants in Federal, State, tribal, and local
youth conservation and service corps and pro-
vide training in waterway restoration, monitor-
ing, and inventory work.
‘‘(D) Projects serving communities com-
posed of minorities or Native Americans, in-
cluding the development of outreach programs
to facilitate the participation by such groups in
the program.
‘‘(E) Projects identified as regional prior-
ities that have been planned within a regional
context and coordinated with Federal, State,
tribal, and local agencies.
‘‘(F) Projects that will restore wildlife or
fisheries of commercial, recreational, subsist-
ence, or scientific concern.
‘‘(G) Projects training and employing fish-
ers and other resource harvesters whose liveli-
hoods have been adversely impacted by habitat
degradation.
‘‘(H) Projects providing significant im-
provements in ecological values and functions in
the project area.
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‘‘(I) Projects previously approved under
this Act which meet or are redesigned to meet
the requirements of this section.
‘‘(5) COST-BENEFIT ANALYSIS.—A project shall
be eligible for assistance under the program if an
interdisciplinary team established under this section
determines that the local social, economic, ecological,
and community benefits of the project based on local
needs, problems, and conditions equal or exceed the
financial and social costs of the project.
‘‘(6) FLOOD DAMAGE REDUCTION.—Projects for
which one of the purposes is to reduce flood dam-
ages shall be designed for the level of risk selected
by the local cosponsors and sponsors to best meet
their needs for reducing flood risks, their ability to
pay project costs, and community objectives to pro-
tect or restore environmental quality.
‘‘(7) INELIGIBLE
PROJECTS.—Projects involv-
ing channelization, stream bank stabilization using
methods other than biotechnical slope protection
methods, construction of reservoirs, or structures
shall not be eligible for assistance under the pro-
gram unless they are necessary for the reestablish-
ment of the structure, function, and diversity of the
native ecosystem.
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‘‘(c) PROGRAM ADMINISTRATION.—
‘‘(1) DESIGNATION OF PROGRAM ADMINISTRA-
TORS.—The Secretary shall designate a program ad-
ministrator for each State who shall be responsible
for administering the program in the State. Except
as provided by paragraph (2), the Secretary shall
designate the State Conservationist of the Natural
Resources Conservation Service of a State as the
program administrator of the State.
‘‘(2) APPROVAL OF STATE AGENCIES.—
‘‘(A) IN GENERAL.—A State may submit
to the Secretary an application for designation
of a State agency to serve as the program ad-
ministrator of the State.
‘‘(B) CRITERIA.—The Secretary shall ap-
prove an application of a State submitted under
subparagraph (A) if the application meets the
following criteria:
‘‘(i) Demonstration of the ability of
the State agency to solicit, select, and fund
projects within a 1-year grant administra-
tion cycle.
‘‘(ii) Demonstration of the responsive-
ness of the State agency to the administra-
tive needs and limitations of small non-
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profit organizations and low income or mi-
nority communities.
‘‘(iii) Demonstration of the success of
the State agency in implementing State or
local programs with objectives similar to
the objectives of this section.
‘‘(iv) Demonstration of the ability of
the State agency to jointly plan and imple-
ment with Indian Tribes programs with
objectives similar to this section.
‘‘(C) REDESIGNATION.—Whenever the Sec-
retary determines, after a public hearing, that
a State agency with an approved application
under this paragraph no longer meets the cri-
teria set forth in subparagraph (B), the Sec-
retary shall so notify the State and, if appro-
priate corrective action has not been taken
within a reasonable time, withdraw the designa-
tion of the State agency as the program admin-
istrator of the State and designate the State
Conservationist of the Natural Resources Con-
servation Service of the State as the program
administrator of the State.
‘‘(3) TECHNICAL ASSISTANCE.—The State Con-
servationist of a State shall continue to carry out
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the technical assistance portion of the program in
the State even if the State receives approval of an
application submitted under subparagraph (A).
‘‘(d) GRANT APPLICATION CYCLE.—
‘‘(1) IN GENERAL.—Grants under the program
shall be awarded on an annual basis.
‘‘(2) GRANT AGREEMENTS.—The program ad-
ministrator of a State may enter into a grant agree-
ment with an eligible entity to permit the entity to
phase-in a project under the program for a period of
not to exceed 3 years; except that any such project
shall remain subject to reevaluation each year as
part of the annual funding cycle.
‘‘(e) SELECTION OF PROJECTS.—
‘‘(1) APPLICATIONS.—In order to receive assist-
ance to carry out a project under the program in a
State, an eligible entity shall submit to the program
administrator of the State an application which is in
such form and contains such information as the Sec-
retary may by regulation require.
‘‘(2) REVIEW
OF
APPLICATIONS
BY
INTER-
DISCIPLINARY TEAMS.—
‘‘(A) TRANSMITTAL.—Each application for
assistance under the program received by the
program administrator of a State shall be
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transmitted to the interdisciplinary team of the
State established pursuant to this section.
‘‘(B) REVIEW.—On an annual basis, the
interdisciplinary team of each State shall—
‘‘(i) review applications transmitted to
the team pursuant to subparagraph (A);
‘‘(ii) determine the eligibility of pro-
posed projects for funding under the
program;
‘‘(iii) make recommendations concern-
ing funding priorities for such eligible
projects; and
‘‘(iv) transmit its findings and rec-
ommendations to the program adminis-
trator of the State.
‘‘(C) PROJECT
OPPOSITION
BY
CERTAIN
REPRESENTATIVES.—If 2 or more of the mem-
bers of an interdisciplinary team of a State ap-
pointed pursuant to clause (vii) or (viii) of sub-
section (f)(2)(A) or clause (ii), (iii), or (iv) of
subsection (f)(2)(B) are opposed to a project
which is supported by a majority of the mem-
bers of the interdisciplinary team, a determina-
tion on whether the project may receive assist-
ance under the program shall be made by the
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Chief of the Natural Resources Conservation
Service. In making a determination under this
subparagraph, the Chief shall consult with the
Administrator of the Environmental Protection
Agency, the Director of the Fish and Wildlife
Service, and, in coastal areas, the Assistant Ad-
ministrator of the National Marine Fisheries
Service. The Secretary shall conduct such mon-
itoring activities as are necessary to ensure the
success and effectiveness of project determina-
tions made pursuant to this subparagraph.
‘‘(3) FINAL SELECTION.—The final determina-
tion on whether to provide assistance for a project
under the program shall be made by the program
administrator of the State and shall be based on the
recommendations of the interdisciplinary team of the
State transmitted pursuant to paragraph (2)(B).
‘‘(f) 
APPOINTMENT
OF
INTERDISCIPLINARY
TEAMS.—
‘‘(1) IN GENERAL.—There shall be established
in each State an interdisciplinary team of specialists
to assist in reviewing project applications submitted
under the program.
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result of a violation of the Federal Water Pollution
Control Act or any other law.
‘‘(3) MAINTENANCE REQUIREMENT.—At least 1
project sponsor or cosponsor shall be designated as
responsible for on-going maintenance of the project.
‘‘(h) NON-FEDERAL SHARE.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), the non-Federal share of the cost of
a project under this section, including structural and
non-structural features, shall be 25 percent.
‘‘(2) 
ECONOMICALLY
DEPRESSED
COMMU-
NITIES.—The Secretary may waive all or part of the
non-Federal share of the cost of any project that is
to be carried out under the program in an economi-
cally depressed community.
‘‘(3) IN-KIND
CONTRIBUTIONS.—Non-Federal
interests may meet any portion of the non-Federal
share of the cost of a project under this section
through in-kind contributions, including contribu-
tions of labor, involvement of youth service and con-
servation corps program participants, materials,
equipment, consulting services, and land.
‘‘(4) REGULATIONS.—Not later than 1 year
after the date of the enactment of this section, the
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Secretary shall issue regulations to establish proce-
dures for granting waivers under paragraph (2).
‘‘(i) LIMITATIONS ON COSTS OF ADMINISTRATION
AND TECHNICAL ASSISTANCE.—Of the total amount made
available in any fiscal year to carry out this section—
‘‘(1) not to exceed 15 percent may be used for
administrative expenses; and
‘‘(2) not to exceed 25 percent may be used for
providing technical assistance.
‘‘(j) CONSULTATION WITH FEDERAL AGENCIES.—In
establishing and carrying out the program under this sec-
tion, the Secretary shall consult with the heads of appro-
priate Federal departments and agencies, including the
Administrator of the Environmental Protection Agency,
the Assistant Secretary of the Army for Civil Works, the
Director of the United States Fish and Wildlife Service,
the Commissioner of the Bureau of Reclamation, the Di-
rector of the Geological Survey, the Chief of the Forest
Service, the Assistant Administrator for the National Ma-
rine Fishery Service, and the Director of the National
Park Service.
‘‘(k) CITIZENS OVERSIGHT COMMITTEE.—
‘‘(1) ESTABLISHMENT.—The Governor of each
State shall establish a citizens oversight committee
to evaluate management of the program in the
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State. The membership of a citizens oversight com-
mittee shall represent a diversity of regions, cul-
tures, and watershed management interests.
‘‘(2) COMPONENTS TO BE EVALUATED.—Pro-
gram components to be evaluated by a citizens over-
sight committee established under paragraph (1) are
as follows:
‘‘(A) Program outreach, accessibility, and
service to low income and minority ethnic com-
munities and displaced resource harvesters.
‘‘(B) The manageability of grant applica-
tion procedures, contracting transactions, and
invoicing for disbursement for small nonprofit
organizations.
‘‘(C) The success of the program in sup-
porting the range of the program objectives, in-
cluding evaluation of the environmental impacts
of the program as implemented.
‘‘(D) The number of jobs created for iden-
tified target groups.
‘‘(E) The diversity of job skills fostered for
long-term watershed related employment.
‘‘(F) The extent of involvement of youth
conservation and service corps programs.
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‘‘(3) ANNUAL REPORT.—The program adminis-
trator of each State shall issue an annual report
summarizing the program evaluation under para-
graph (1). Such report shall be signed by each mem-
ber of the citizens oversight committee of the State
and shall be submitted to the Secretary.
‘‘(4) FEDERAL
ADVISORY
COMMITTEE
ACT.—
The requirements of sections 9, 10(a)(2), 10(e),
10(f), and 14 of the Federal Advisory Committee
Act shall not apply to a citizens oversight committee
established under this subsection.
‘‘(5) NOTICE.—A citizens oversight committee
shall provide adequate public notice before conduct-
ing any meeting under this section, including notifi-
cation in the official State journal.
‘‘(l) DEFINITIONS.—For the purposes of this section,
the following definitions apply:
‘‘(1) BIOTECHNICAL SLOPE PROTECTION.—The
term ‘biotechnical slope protection’ means the use of
live and dead plant material, alone or in conjunction
with inert materials, to repair and fortify watershed
slopes, roadcuts, stream banks, and other sites vul-
nerable to excessive erosion, using such systems as
brush piling, brush layering, brush matting, fascines,
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joint plantings, live stakes, seeding, stem cuttings,
and pole cuttings.
‘‘(2) CHANNELIZATION.—The term ‘channeliza-
tion’ means removing the meanders and vegetation
from rivers and streams for purposes of accelerating
storm flow velocities, filling habitat to accommodate
land development and existing structures, and sta-
bilizing banks with concrete or riprap.
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means—
‘‘(A) any tribal or local government, flood
control district, water district, conservation dis-
trict (as defined by section 1201(a)(2) of the
Food Security Act of 1985 (16 U.S.C.
3801(a)(2)), agricultural extension 4–H pro-
gram, nonprofit organization, or watershed
council; and
‘‘(B) any unincorporated neighborhood or-
ganization, watershed council, or small citizen
nongovernmental or nonprofessional organiza-
tion for which an incorporated nonprofit organi-
zation acts as a fiscal agent.
‘‘(4) FISCAL AGENT.—The term ‘fiscal agent’
means an incorporated nonprofit organization that—
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‘‘(A) acts as a legal entity which can ac-
cept government or private funds and pass
them onto an unincorporated community, cul-
tural, or neighborhood organization; and
‘‘(B) has entered into a written agreement
with such an unincorporated organization that
specifies the funding, program, and working ar-
rangements for carrying out a project under the
program.
‘‘(5) GREENWAY.—The term ‘greenway’ means
floodplain, floodprone, or project rights-of-way which
provide flood risk reduction, floodwater conveyance,
fish and wildlife habitat, and ecological benefits, and
which may provide public access, including water-
fronts.
‘‘(6) NONPROFIT
ORGANIZATION.—The term
‘nonprofit organization’ means any organization with
tax exempt status under section 501(c)(3) of the In-
ternal Revenue Code of 1986.
‘‘(7) PROGRAM.—The term ‘program’ means
the Waterways Restoration Program established by
the Secretary under subsection (a).
‘‘(8) SECRETARY.—The term ‘Secretary’ means
the Secretary of Agriculture acting through the
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Chief of the Natural Resources Conservation
Service.
‘‘(9) STRUCTURE.—The term ‘structure’ means
physical project components used to restore native
ecosystems, including rock, wood cribwalls, geotextile
nettings, geogrids, dirt-filled gabions, weirs, gully
check dams, jacks, groins, and fences.
‘‘(10) WATERSHED COUNCIL.—The term ‘wa-
tershed council’ means a representative group of
local watershed residents (including the private, pub-
lic, government, and nonprofit sectors) organized to
develop and implement a consensus watershed res-
toration plan that includes restoration, acquisition,
and other activities.
‘‘(11) 
WATERWAY.—The 
term 
‘waterway’
means any natural, degraded, seasonal, or created
wetland on private or public lands, including rivers,
streams, riparian areas, marshes, ponds, bogs,
mudflats, lakes, and estuaries. Such term includes
any natural or humanmade watercourse on public or
private lands which is culverted, channelized, or
vegetatively cleared, including canals, irrigation
ditches, drainage ways, and navigation, industrial,
flood control, and water supply channels.
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‘‘(12) YOUTH
CONSERVATION
AND
SERVICE
CORPS.—The term ‘youth conservation and service
corps program’ means a full-time, year-round youth
corps program or a full-time summer youth corps
program described in section 122(a)(2) of the Na-
tional and Community Service Act of 1990 (42
U.S.C. 12572(a)(2)).
‘‘(m) FUNDING.—
‘‘(1) FUNDING PRIORITY.—The Secretary shall
give a priority to waterways restoration projects
under this section in making funding decisions under
this Act.
‘‘(2) TRANSFERRED
FUNDS.—The Secretary
may accept transfers of funds from other Federal
departments and agencies in order to carry out the
objectives of this section.
‘‘(3) APPLICABILITY
OF
REQUIREMENTS.—
Funds made available to carry out this section, and
financial assistance provided with such funds, shall
not be subject to any requirements of this Act other
than the requirements of this section.’’.
Æ
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