I
107TH CONGRESS
1ST SESSION
H. R. 325
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
JANUARY 31, 2001
Mr. TANNER (for himself, Mr. BLUNT, Mr. JOHN, Mr. ABERCROMBIE, Mr.
SAXTON, Mr. DINGELL, Mr. STENHOLM, Mr. PALLONE, Mr. ENGLISH,
Mr. BOEHLERT, Mr. BOYD, and Mr. CLEMENT) introduced the following
bill; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committee on Resources, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
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 2001’’.
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—
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-
shed shall be considered a high priority water-
shed.
‘‘(C) To solicit, encourage, and facilitate
the formation of watershed councils for high
priority watersheds and support the formation
of watershed councils voluntarily proposed in
other watersheds.
‘‘(D) To develop, in cooperation with ap-
propriate State fish and wildlife agencies and
the State technical committee, and provide to
designated watershed councils, a uniform sys-
tem for assigning priority rankings to rec-
ommended projects and measures contained in
plans submitted for review under the program.
Priority ranking systems shall be based pri-
marily on the likelihood that such recommenda-
tions would achieve significant progress toward
protection or restoration of habitat or enhance-
ment of uses for important (or potentially im-
portant) recreational and subsistence fisheries.
‘‘(E) To review, in cooperation with appro-
priate State fish and wildlife agencies, and issue
decisions with respect to all fisheries habitat
protection, restoration, and enhancement plans
and all interim recommendations developed, re-
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;