‘‘(1) a designated State agency or an Indian
tribe has submitted a petition for nomination to the
Secretary;
‘‘(2) the petition contains a strategy to be un-
dertaken by the designated State agency, the Indian
tribe or the entity referred to in section 303(a)(3)
which submitted the nomination to the designated
State agency;
‘‘(3) the strategy specifies techniques and meth-
ods contributing to the protection and restoration of
riverine and riparian resources within the watershed
area concerned; and
‘‘(4) the Secretary determines that the strategy
is consistent with the standards published under sec-
tion 307 and that nominating entity or entities have
the ability or authority to implement such strategy.
‘‘SEC. 303. NOMINATIONS FOR INCLUSION.
‘‘(a) SUBMISSION OF NOMINATION.—
‘‘(1) STATE AGENCIES.—A nomination for the
inclusion of any river and associated watershed area
on the national registry may be submitted to the
Secretary by the designated State agency for the
State in which such river and associated watershed
area is located if that agency has authority or ability
to implement a strategy contributing to the protec-
tion and restoration of riverine and riparian re-
sources within the watershed area concerned, con-
sistent with the standards published under section
307. The nomination shall be submitted only after
the designated State agency has provided public no-
tice and an opportunity of at least 60 days for pub-
lic comment.
‘‘(2) INDIAN TRIBES.— Whenever a designated
State agency submits a nomination under paragraph
(1), the agency shall notify the governing body of
any Indian tribe with jurisdiction over any Indian
lands in which such river and associated watershed
area is located and provide an opportunity for such
governing body to comment. The governing body of
an Indian tribe with jurisdiction over Indian lands in
which such river and associated watershed area is lo-
cated may also directly submit to the Secretary a
nomination for inclusion of such river and associated
watershed area if that tribe has authority or ability
to implement a strategy contributing to the protec-
tion and restoration of riverine and riparian re-
sources within the watershed area concerned, con-
sistent with the standards published under section
307.
‘‘(3) OTHER
ENTITIES.—A designated State
agency shall also submit to the Secretary, within 90
days after receipt thereof (including a period of at
least 60 days for public comment), a nomination
which is transmitted to the State agency by any of
the following entities which has authority or ability
to implement a strategy contributing to the protec-
tion and restoration of riverine and riparian re-
sources within the watershed area concerned, con-
sistent with the standards published under section
307:
‘‘(A) Another State agency within the
State in which the river and associated water-
shed area is located.
‘‘(B) A local government agency or a com-
bination of local governments or a combination
of State and local government agencies having
jurisdiction over the river and associated water-
shed area covered by the nomination.
‘‘(C) One or more owners of lands within
the associated watershed area covered by the
nomination.
‘‘(D) A watershed council, watershed task
force, or other similar group or organization
concerned with river or watershed management.
‘‘(E) A citizens group or nonprofit organi-
zation with membership residing in the water-
shed area covered by the nomination.
Where a river or associated watershed area is located in
more than one State, the nomination shall be submitted
by the designated State agencies of all such States.
‘‘(b) STATE AGENCY REVIEW.—The designated State
agency submitting a nomination received from another en-
tity under subsection (a)(3) shall include in its submission
of such nomination to the Secretary the agency’s com-
ments and recommendations with respect to such nomina-
tion, including any comments by the State agency regard-
ing the compliance or noncompliance of the application
with the requirements of this section and any comments
of the State agency regarding the extent to which the ap-
plicant has the ability to implement the strategy contained
in the nomination. At least 60 days before submitting any
nomination to the Secretary, the designated State agency
shall notify each affected unit of local government and
each affected Tribal governing body and provide as full
public notice as practicable (as determined by such State
agency) within the area covered by nomination. The des-
ignated State agency and any Indian tribe submitting a
nomination shall promptly make a copy of each nomina-
tion, together with any supporting documents, available to
any person making a request for such nomination or docu-
ments, or both.
‘‘(c) ASSISTANCE.—The designated State agency may
assist any entity referred to in subsection (a)(3) in prepar-
ing a nomination under this section and in ensuring that
the entity making such nomination will have the ability
or authority to implement the strategy contained in the
nomination. The Secretary of the Interior shall assist any
Tribal governing body in preparing a nomination under
this section.
‘‘(d) CONTENTS
OF NOMINATION.—A nomination
under this section shall include each of the following:
‘‘(1) A map of the watershed within which the
river and associated watershed area covered by the
nomination is located, including a depiction on such
map of the river and associated watershed area.
‘‘(2) Such data as may be available to the
nominating entity regarding the natural, biological,
scenic, cultural, or recreational values to be pro-
tected or restored pursuant to the nomination.
‘‘(3) A strategy referred to in section 302(b).
‘‘(4) A statement describing the ability or au-
thority of the nominating party or parties to imple-
ment such strategy.
‘‘(5) A brief description of the types of Federal,
State and other assistance, if any, which will be
needed in order to implement the strategy.
‘‘(e) MODIFICATION OF REGISTRATION.—Any entity
entitled to nominate a river and associated watershed area
for inclusion on the registry may also submit a nomina-
tion—
‘‘(1) to amend the registration of any such river
and associated watershed area to modify the bound-
aries of the registered river segments and associated
lands within the watershed concerned,
‘‘(2) to modify the strategy referred to in sec-
tion 302(b)(1), or
‘‘(3) both.
Any nomination under this subsection shall be subject to
the same requirements of this title as are applicable to
original nominations.
‘‘(f) CONSISTENCY
AMONG
NOMINATIONS
AND
STRATEGIES.—The Secretary shall resolve conflicts and
inconsistencies between nominations, and between strate-
gies in effect, for the same river and associated watershed
area (including nominations and strategies for a single
river or associated watershed area which is located in more
than one State or which is located on Indian lands as well
as other lands) and between proposed amendments to and
modifications of any strategy. The Secretary shall resolve
such conflicts and inconsistencies in such manner as will
best contribute to the protection and restoration of the
watershed concerned in accordance with the standards
published under section 307.
‘‘SEC. 304. INCLUSION ON REGISTRY.
‘‘(a) INCLUSION.—Within 90 days following the re-
ceipt of a completed nomination from a designated State
agency or Indian tribe, the Secretary shall include the
nominated segment on the registry unless the Secretary
determines that the nomination does not contain the ele-
ments required by section 303(d) or that the criteria of
section 302 have not been met.
‘‘(b) PERIODIC REVIEW.—
‘‘(1) IN GENERAL.—Every 5 years after inclu-
sion of a river and associated watershed area within
any State on the national registry, the designated
State agency shall review the implementation of the
strategy referred to in section 302(b) applicable to
such river and associated watershed area. Such
State agency shall periodically report to the Sec-
retary on the adequacy of each such strategy to pro-
tect and restore the watershed concerned and on the
extent to which each such strategy is being imple-
mented. Such report may include recommendations
for modifications to the strategy which would con-
tribute to the protection and restoration of the wa-
tershed concerned in accordance with the standards
published under section 307.
‘‘(2) INDIAN LANDS.—Paragraph (1) shall not
apply in the case of any portion of a river and asso-
ciated watershed areas located on Indian lands.
Every 5 years after inclusion of such a river and as-
sociated watershed area within any State on the na-
tional registry, the Secretary shall review the imple-
mentation of the strategy applicable to such river
and associated watershed area to determine its ade-
quacy to protect and restore the watershed con-
cerned and the extent to which such strategy is
being implemented.
‘‘(c) REMOVAL FROM REGISTRY.—If the Secretary
determines, after notice and opportunity for comment,
that the strategy for any river and associated watershed
area requires modification in order to adequately protect
and restore the watershed concerned or that any such
strategy is not being implemented according to its terms,
the Secretary shall notify the entity or entities which nom-
inated such river and associated watershed area and which
are responsible for implementation of the strategy and
each affected Indian tribe. If the Secretary determines,
within 180 days after notifying such entities, that correc-
tive action has not been undertaken to modify the strategy
or begin implementing the strategy in accordance with its
terms, the Secretary shall remove the river and associated
watershed area from the national registry and notify all
affected agencies and Indian tribes that the provisions of
this Act shall cease to apply to such river and associated
watershed area. A nomination may not be submitted for
inclusion of any river and associated watershed area which
has been so removed for a period of at least 3 years after
the date of such removal.
‘‘SEC. 305. WATERSHED COUNCILS.
‘‘(a) APPLICATION FOR QUALIFICATION.—Whenever
any river or associated watershed area is proposed to be
nominated for inclusion on the registry under this title,
or after any such river or associated watershed area has
been included on such registry, any watershed council, wa-
tershed task force, or other similar group or organization
concerned with river or watershed management may apply
to the Secretary for a determination that such group or
organization is a qualified watershed council eligible for
assistance under section 307 and section 308. The Sec-
retary shall act on any such application within 60 days
after receipt thereof. If the Secretary determines that such
group or organization meets the requirements of sub-
section (b), he shall publish notice of such determination
in the Federal Register.
‘‘(b) REQUIREMENTS FOR QUALIFICATION.—A group
or body referred to in subsection (a) and any Tribal gov-
erning body shall be deemed to be a qualified watershed
council for any watershed if such group or body or Tribal
governing body has the authority to coordinate the devel-
opment and implementation of a strategy contributing to
the protection and restoration of the watershed. In addi-
tion, in the case of a group or body referred to in sub-
section (a), such group or body may be a qualified water-
shed council only if such group or body is comprised of—
‘‘(1) owners of lands within the watershed or
corporations doing business within the watershed;
‘‘(2) members of citizens groups or other non-
profit organizations with one or more members re-
siding in the watershed;
‘‘(3) State or local government officials; or
‘‘(4) any combination of the foregoing.
‘‘(c) TECHNICAL AND FINANCIAL ASSISTANCE.—A
qualified watershed council may enter into agreements
pursuant to which State, Tribal, or local government offi-
cials with jurisdiction over any activity or activities within
the watershed will provide technical or financial assistance
or staff personnel to the council.
‘‘(d) EXISTING WATERSHED COUNCILS.—The Sec-
retary may, upon application from a watershed council,
commission, task force, or other group or body formed to
coordinate watershed planning which is in existence on the
date of the enactment of this title, waive compliance with
any requirement of paragraphs (1) through (4) of sub-
section (b) for that watershed council if the Secretary de-
termines that the council has the authority to coordinate
the development and implementation of a strategy contrib-
uting to the protection and restoration of the watershed
and can otherwise carry out the purposes of this title.
‘‘(e) WATERSHED COUNCIL NOT MANDATORY.—
Nothing in this section shall be construed to require that
a watershed council must be established for any registered
watershed.
‘‘SEC. 306. FEDERAL AND STATE AGENCIES.
‘‘(a) NOTICE.—Before approving or authorizing any
Federal or State or federally or State assisted undertaking
that may adversely affect the implementation of a strategy
in effect for a river and associated watershed area listed
on the national registry, the head of any Federal or State
department, agency, or instrumentality having direct or
indirect jurisdiction over the undertaking shall promptly
notify the Secretary, the designated State agency, any af-
fected Indian tribe, the appropriate local governmental of-
ficials, and the public of the undertaking planned.
‘‘(b) NO PRUDENT AND FEASIBLE ALTERNATIVE.—
An approval or authorization referred to in subsection (a)
may be issued if the Secretary (after consultation with
such State, tribal, and local officials and after notice and
opportunity for public comment) determines (1) that the
undertaking is consistent with the strategy in effect for
the river or watershed under this title, or (2) that there
is no prudent and feasible alternative to the proposed ap-
proval or undertaking and all reasonable steps to mitigate
the adverse effects of the undertaking on such strategy
will be taken.
‘‘(c) EXEMPTIONS.—The provisions of subsections
(a) and (b) shall not apply to any undertaking—
‘‘(1) where the head of the Federal agency pro-
posing to approve or authorize the undertaking de-
termines that the undertaking is necessary for rea-
sons of national security,
‘‘(2) in an area the President has declared to
be a major disaster area under the Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et
seq.),
‘‘(3) involving only the repair or reconstruction
of a building or facility constructed before the date