[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4481 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4481

   To restore the Nation's aquatic ecosystems through the voluntary 
cooperation of Federal, State, tribal, and corporate and other private 
                               interests.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 1994

 Mr. Hamburg (for himself, Mr. Studds, Mr. Edwards of California, Mr. 
  Manton, Mr. Sanders, Ms. Furse, Mr. Hughes, Mr. Hochbrueckner, Mr. 
 Richardson, Ms. Woolsey, Ms. Pelosi, Mrs. Unsoeld, Ms. Eshoo, and Mr. 
Vento) introduced the following bill; which was referred jointly to the 
   Committees on Merchant Marine and Fisheries and Public Works and 
                             Transportation

                             July 19, 1994

   Additional sponsors: Mr. Oberstar, Mr. Hinchey, and Mr. Beilenson

_______________________________________________________________________

                                 A BILL


 
   To restore the Nation's aquatic ecosystems through the voluntary 
cooperation of Federal, State, tribal, and corporate and other private 
                               interests.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Aquatic Ecosystem 
Restoration Act of 1994''.

SEC. 2. FINDINGS, PURPOSES, POLICY, AND LONG-TERM GOALS.

    (a) Findings.--The Congress finds the following:
            (1) Aquatic ecosystems, including wetlands, streams, 
        rivers, lakes, estuaries, coastal marine ecosystems, and 
        associated riparian upland habitats that buffer those areas 
        from external factors, perform numerous valuable environmental 
        functions which sustain environmental, social, and cultural 
        values. They recycle nutrients, purify water, attenuate floods, 
        augment and maintain streamflow, recharge ground water, act as 
        primary producers in the food chain, provide habitat for 
        plants, fish and wildlife, and other dependent species, and 
        provide recreational opportunities.
            (2) Physical and biological integrity of aquatic ecosystems 
        is key to maintaining biodiversity and to providing for human 
        and ecological health and safety.
            (3) Degradation of the Nation's aquatic ecosystems and loss 
        of aquatic biodiversity have reached alarming levels, affecting 
        all waters of the United States, such that entire hydrologic 
        systems and natural biodiversity of all forms of aquatic and 
        riparian species are at risk.
            (4) Federal policy has not devoted sufficient attention to 
        the decline of aquatic and riparian ecosystems.
            (5) Projects to restore and maintain aquatic ecosystems 
        will provide both skilled and unskilled jobs to all regions of 
        the country. After these ecosystems are restored, jobs 
        dependent on these ecosystems will return, including fishing, 
        hunting, recreation, resource protection and maintenance, and 
        tourism jobs, and societal costs can be minimized with adequate 
        maintenance of these ecosystems.
            (6) A proactive approach to reverse the degradation of 
        aquatic ecosystems will reverse the decline of certain aquatic 
        habitat-dependent species and reduce the likelihood that these 
        species will become so diminished as to become an impediment to 
        sustainable development activities.
            (7) Creation of partnerships between local citizens, tribal 
        organizations, corporations, and State and Federal agencies is 
        often critical to the success of aquatic ecosystem restoration 
        activities.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide a comprehensive and integrated framework to 
        direct long-term national aquatic ecosystem restoration 
        activities.
            (2) To coordinate existing Federal programs and policies 
        relating to aquatic ecosystem restoration in order to provide 
        the maximum benefit from Federal aquatic ecosystem restoration 
        activities.
            (3) To activate local, tribal, and State aquatic ecosystem 
        restoration initiatives by providing technical expertise and 
        funding to such entities.
            (4) To create a dedicated source of funds to more 
        effectively foster local, tribal, and State aquatic ecosystem 
        restoration activities.
    (c) Policy.--It is the policy of the United States that--
            (1) Federal, State, and local agencies, in consultation and 
        collaboration with private citizen organizations, should plan 
        and implement aquatic ecosystem restoration projects resulting 
        in achievement of--
                    (A) the interim goals of a net restoration of 
                10,000,000 acres of wetlands, 400,000 miles of streams 
                and rivers, and 1,000,000 acres of lakes (excluding the 
                Great Lakes) by the year 2010; and
                    (B) long-term goals published by the Council under 
                subsection (d); and
            (2) the Federal Government should provide leadership and 
        technical and financial assistance to State and local 
        governments, tribal organizations, and other management 
        entities, and private citizens to plan, implement, monitor, and 
        evaluate aquatic ecosystem restoration to improve and protect 
        the Nation's aquatic ecosystems.
    (d) Long-Term Goals.--The Council shall--
            (1) monitor achievement of the interim goals set forth in 
        subsection (c)(1)(A); and
            (2) upon determining that those interim goals have been 
        achieved, establish and publish in the Federal Register long-
        term goals for aquatic ecosystem restoration projects planned 
        and implemented by Federal, State, and local agencies.

SEC. 3. NATIONAL AQUATIC ECOSYSTEM RESTORATION STRATEGY.

    (a) Establishment of Task Force.--
            (1) In general.--The President shall establish a task force 
        within 90 days after the date of the enactment of this Act, to 
        develop the National Aquatic Ecosystem Restoration Strategy in 
        accordance with this section. The task force shall be known as 
        the Aquatic Ecosystem Restoration Task Force.
            (2) Composition.--The Task Force shall be composed of 
        officials and scientists appointed by the President from 
        Federal agencies involved in aquatic habitat or resource 
        management, State agencies, tribes, academic institutions, 
        local management entities, and nongovernmental organizations.
            (3) Administrative expenses.--The administrative expenses 
        of the Task Force shall be paid on a pro-rata basis by all of 
        the Federal agencies represented on the Task Force.
            (4) Termination.--The Task Force shall terminate on the 
        later of--
                    (A) the submission of recommendations to the 
                President under section 7(a); or
                    (B) the date of publication of the Strategy under 
                subsection (b) of this section.
    (b) Strategy.--
            (1) In general.--The Task Force shall, within 2 years after 
        the date of the enactment of this Act, develop and publish in 
        the Federal Register in accordance with this Act a plan for an 
        interagency and intergovernmental process to develop, 
        implement, monitor, and evaluate the national policy set forth 
        in section 2(c). The plan shall be known as the National 
        Aquatic Ecosystem Restoration Strategy.
            (2) Implementation.--The Director of the United States Fish 
        and Wildlife Service shall seek to implement the Strategy, 
        including by providing assistance to management entities 
        conducting aquatic ecosystem restoration.
            (3) Contents.--The Strategy shall contain the following:
                    (A) Guidelines for coordination of aquatic 
                ecosystem restoration projects within watersheds and 
                ecoregions.
                    (B) National restoration milestones to meet the 
                national policy set forth in section 2(c).
                    (C) Standards for identifying the most ecologically 
                sound restoration projects possible through the 
                utilization of available information. To the extent 
                possible, such standards should be ecoregional.
                    (D) Measurable standards for each ecoregion for 
                monitoring the success of aquatic ecosystem restoration 
                projects.
                    (E) Guidelines for maintaining pristine and 
                successfully restored aquatic ecosystems.
                    (F) Identification of riparian, floodplain, 
                wetlands, and other aquatic habitats that retain, or 
                could easily be restored to support, significant 
                indigenous fish, wildlife, and plant populations, by 
                coordinating existing surveys of watersheds. To the 
                extent existing surveys are inadequate, the Task Force 
                shall recommend a procedure for conducting additional 
                surveys.
                    (G) Guidelines for setting ecoregional and national 
                aquatic ecosystem restoration priorities which will 
                result in the greatest ecological return on investment.
                    (H) Mechanisms for ensuring access to and sharing 
                of information and providing technical assistance to 
                State agencies, tribal organizations, and management 
                entities.
                    (I) Recommendations to the Congress regarding 
                legislation to remove obstacles to aquatic ecosystem 
                restoration and achieve the national policy set forth 
                in section 2(c).
                    (J) Recommendations for periodic scientific review 
                of the Strategy by State, Federal, and independent 
                scientists to incorporate new information, including a 
                schedule for reviews and revisions by the Director 
                under subsection (d).
                    (K) Procedures for disseminating new information 
                regarding aquatic ecosystem restoration to management 
                entities and State, tribal, and Federal agencies 
                involved in implementing the Strategy.
                    (L) Recommendations for reorganizing aquatic 
                ecosystem restoration activities on an ecoregional 
                basis.
                    (M) Recommendations for additional Federal 
                incentives to encourage aquatic ecosystem restoration 
                on non-Federal lands.
            (4) Considerations in developing the strategy.--In 
        developing the Strategy, the Task Force shall take into 
        consideration--
                    (A) the national policy set forth in section 2(c);
                    (B) the recommendations contained in the National 
                Research Council's 1992 report on Restoration of 
                Aquatic Ecosystem with regard to the restoration of 
                aquatic ecosystems; and
                    (C) the recommendations contained in the 1994 
                National Science Foundation's Freshwater Initiative 
                with regard to the restoration of aquatic ecosystems.
    (c) Subcommittee.--The Task Force shall establish a subcommittee 
that shall--
            (1) identify Federal regulatory and nonregulatory aquatic 
        ecosystem restoration policies and programs that affect aquatic 
        ecosystems,
            (2) evaluate the roles of those policies and programs in 
        promoting or degrading aquatic ecosystem health,
            (3) evaluate changes to current operation and maintenance 
        procedures that would restore aquatic ecosystem functions,
            (4) recommend appropriate times to reevaluate those 
        policies and programs,
            (5) recommend mechanisms to coordinate implementation of 
        Federal policy and programs for the purpose of aquatic 
        ecosystem restoration,
            (6) identify the portion of the national policy set forth 
        in section 2(c) that can be achieved on Federal lands, and
            (7) establish appropriate responsibilities and measurable 
        objectives for each agency involved in achieving the 
        restoration goals under section 2(c).
    (d) Review and Revision of Strategy.--The Director shall 
periodically review and revise the Strategy to reflect the best 
available information regarding aquatic ecosystems, aquatic resources 
restoration techniques, and watershed and ecosystem management. The 
Director shall make such reviews and revisions at least as often as is 
recommended in the Strategy pursuant to subsection (b)(3)(J).
    (e) Interim Funding.--The Director, subject to the availability of 
appropriations, may make grants to fund appropriate aquatic ecosystem 
restoration projects before publication of the Strategy.

SEC. 4. AQUATIC ECOSYSTEM RESTORATION ASSISTANCE.

    (a) Provision of Assistance.--
            (1) In general.--The Foundation, subject to the 
        availability of amounts deposited into the Fund, shall provide 
        financial assistance to a management entity in accordance with 
        this section for carrying out each aquatic ecosystem 
        restoration project for which the Council approves that 
        assistance in accordance with this section.
            (2) Priority.--The Foundation shall provide assistance 
        under this subsection in accordance with the priorities 
        specified by the Council under subsection (c)(4).
    (b) Application for Assistance.--
            (1) Application.--A management entity seeking assistance 
        under this section for an aquatic ecosystem restoration project 
        shall submit an application to the Service regional office for 
        the Service region in which the project will be carried out.
            (2) Technical assistance.--The Director shall ensure that 
        technical assistance is provided to management entities.
            (3) Forwarding of applications to council.--The head of a 
        Service regional office shall forward to the Council each 
        application for assistance received by that office.
    (c) Review and Approval of Proposed Projects by Council.--
            (1) Review and determinations.--The Council shall--
                    (A) review each application for assistance that is 
                forwarded by the head of a Service regional office 
                under subsection (b)(2); and
                    (B) determine whether the aquatic ecosystem 
                restoration project proposed by the application--
                            (i) will assist in implementing the 
                        Strategy;
                            (ii) under the criteria set forth in 
                        paragraph (2), is appropriate for funding under 
                        this section;
                            (iii) to the extent practicable, will 
                        return damaged or degraded aquatic ecosystems 
                        to the full range of their natural functions 
                        and values;
                            (iv) does not employ management actions 
                        that favor one function, value, or species to 
                        the detriment of, or without regard for, 
                        others; and
                            (v) will fulfill the purposes of this Act.
            (2) Project selection criteria.--The Council shall 
        determine, under paragraph (1)(B), whether a project is 
        appropriate for funding under this section based on the 
        following criteria:
                    (A) The technical feasibility of the project.
                    (B) The cost-effectiveness of the project, 
                including minimization of future operation and 
                maintenance costs.
                    (C) The expected duration of the aquatic ecosystem 
                restoration to be carried out under the project.
                    (D) The extent to which habitat to be restored 
                under the project is degraded.
                    (E) The extent of non-Federal participation in 
                payment of the costs of the project.
                    (F) The relationship of the project to a watershed, 
                ecosystem, or other landscape approach or plan.
                    (G) The potential benefits of the project to fish 
                and wildlife resources of special concern and to the 
                diversity of other natural functions and values 
                inherent in aquatic resources.
                    (H) The aquatic ecosystem restoration opportunities 
                that the project will provide on lands that are not 
                eligible for restoration under the Wetlands Reserve 
                Program.
                    (I) The extent to which the project will involve a 
                high degree of cooperation between Federal and non-
                Federal entities.
                    (J) The extent to which sites at which the project 
                is conducted will pose a continuing contaminant threat 
                to fish and wildlife species using the sites after 
                restoration or will require chemical restoration to 
                provide restoration of beneficial uses.
                    (K) The availability of other Federal funding 
                sources to carry out the project.
                    (L) Whether the project will substantially 
                contribute to long-term restoration of water quality.
                    (M) The extent to which the project will train and 
                employ individuals who reside in the area where the 
                project will be carried out, particularly individuals 
                displaced from resource-dependent industries.
            (3) Approval of projects.--The Council may approve 
        assistance under this section for an aquatic ecosystem 
        restoration project if the Council makes affirmative 
        determinations under paragraph (1)(B)(i), (ii), (iii), (iv), 
        and (v).
            (4) Notification of foundation.--The Council shall promptly 
        notify the Foundation of approval of assistance under this 
        section for an aquatic ecosystem restoration project, 
        specifying the priority of the project for assistance under 
        this section relative to other projects for which the Council 
        has approved such assistance.

SEC. 5. NATIONAL AQUATIC RESTORATION COUNCIL.

    (a) Establishment.--There is established a council to be known as 
the National Aquatic Restoration Council.
    (b) Membership.--
            (1) In general.--The Council shall consist of 15 members, 
        as follows:
                    (A) 4 members, of whom one 1 shall be appointed by 
                each of--
                            (i) the Under Secretary of Commerce for 
                        Oceans and Atmosphere,
                            (ii) the Administrator of the Environmental 
                        Protection Agency,
                            (iii) the Chief of the Soil Conservation 
                        Service, and
                            (iv) the Secretary of the Army.
                    (B) 10 members appointed by the Director, of whom 2 
                shall be appointed as representatives of each of the 
                following:
                            (i) State fish and wildlife management 
                        agencies.
                            (ii) Tribal fish and wildlife management 
                        agencies.
                            (iii) Academic scientists.
                            (iv) Local watershed councils.
                            (v) Non-governmental organizations.
                    (C) The Director.
            (2) Experience required.--An individual shall not be 
        eligible for appointment as a member of the Council unless the 
        individual has experience in aquatic ecosystem restoration.
            (3) Terms of members.--The term of a member of the Council 
        shall be 3 years.
    (c) Chairperson.--The Director or another member of the Council 
designated by the Director shall be the chairperson of the Council.
    (d) Meetings.--
            (1) In general.--The Council shall meet at least once each 
        year to consider projects for approval of assistance under 
        section 4.
            (2) Quorum.--9 members present at a meeting of the Council 
        shall constitute a quorum.
    (e) Pay.--An individual shall not receive any pay, allowance, or 
benefits by reason of service as a member of the Council.
    (f) Travel Expenses.--Each member of the Council shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with sections 5702 and 5703 of title 5, United States Code.
    (g) Council Exempted.--The Federal Advisory Committee Act (5 U.S.C. 
App. 1) shall not apply to the Council.

SEC. 6. AQUATIC ECOSYSTEM RESTORATION FUND.

    (a) Establishment.--There is established on the books of the 
Treasury a separate account which shall be known as the Aquatic 
Ecosystem Restoration Fund.
    (b) Contents.--The Fund shall consist of--
            (1) amounts deposited into the Fund under section 7; and
            (2) such other amounts as may be appropriated to the Fund.
    (c) Use.--
            (1) In general.--Amounts in the Fund shall be available to 
        the Foundation subject to appropriations, for--
                    (A) providing assistance under section 4, including 
                payment of administrative expenses incurred by the Fund 
                in providing that assistance;
                    (B) reimbursing members of the Council who are not 
                officers or employees of the Federal Government for 
                travel and transportation expenses under section 5(f); 
                and
                    (C) paying expenses of administering the Fund.
            (2) Limitation on use for administrative expenses.--Not 
        more than 10 percent of amounts deposited into the Fund each 
        fiscal year shall be available to pay administrative expenses 
        under paragraph (1)(A) or (C) or reimbursement under paragraph 
        (1)(B) with respect to costs incurred in that fiscal year.

SEC. 7. SOURCES OF FUNDING.

    (a) Recommendations.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Task Force shall submit to the 
        President and publish in the Federal Register recommendations 
        for sources of amounts for deposit into the Fund, consisting of 
        fees imposed for use or degradation of water resources.
            (2) Amount.--In identifying sources under paragraph (1), 
        the Task Force shall seek to provide the Fund with such funding 
        as may be required to fulfill the purposes set forth in section 
        2(b).
    (b) Review by President.--Not later than 60 days after publication 
of the recommendations of the Task Force under subsection (a)(1), the 
President shall--
            (1) disapprove the recommendations and transmit the 
        disapproval and the reasons for the disapproval to the Task 
        Force and the Congress; or
            (2) approve the recommendations and transmit to the 
        Congress and the Secretary a copy of the recommendations and 
        certification of that approval.
    (c) Consideration by Congress.--
            (1) In general.--If the recommendations of the Task Force 
        are approved and transmitted to the Congress by the President 
        under subsection (b)(2), they shall be effective and apply as 
        if enacted as part of this Act unless disapproved by a joint 
        resolution enacted by the Congress before the earlier of--
                    (A) the end of the 60-day period beginning on the 
                date of the transmission of certification of that 
                disapproval under that subsection; or
                    (B) an adjournment of Congress sine die for the 
                session in which the report is transmitted.
            (2) Calculation of periods.--For purposes of paragraph (1), 
        the days on which either House of Congress is not in session 
        because of an adjournment of more than 3 days to a day certain 
        shall be excluded in the computation of a period.
    (d) Deposit Into Fund.--Amounts received by the United States 
pursuant to recommendations of the Task Force that are effective under 
subsection (c) shall be deposited into the Fund.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Aquatic ecosystem.--The term ``aquatic ecosystem'' 
        includes wetlands, streams, rivers, lakes, estuaries, coastal 
        marine ecosystems, and associated riparian upland habitats that 
        buffer those areas from exterior factors.
            (2) Aquatic ecosystem restoration.--The term ``aquatic 
        ecosystem restoration'' means returning an aquatic ecosystem to 
        a close approximation of its condition prior to its disturbance 
        by humans, such that its structure and function (including 
        chemical, physical, hydrological, geomorphological, and 
        biological characteristics) are repaired, its natural dynamic 
        processes are operating effectively again, and its indigenous 
        biota are returned to predisturbance levels to the greatest 
        extent possible.
            (3) Council.--The term ``Council'' means the National 
        Aquatic Restoration Council established by section 5(a).
            (4) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (5) Ecoregion.--The term ``ecoregion'' means a continuous 
        geographical area characterized by--
                    (A) the occurrence of one or more important 
                ecological associations that differ, at least in 
                proportional area covered, from the associations of 
                adjacent regions.
                    (B) distinctive flora, fauna, climate, landform, 
                soil, vegetation, and ecological climax; and
                    (C) essentially similar ecological relationships 
                between plant species and soil and climate.
            (6) Foundation.--The term ``Foundation'' means the National 
        Fish and Wildlife Foundation.
            (7) Fund.--The term ``Fund'' means the Aquatic Ecosystem 
        Restoration Fund established by section 6(a).
            (8) Management entity.--The term ``management entity'' 
        means an agency of a State, tribal, or local government, a 
        regional planning organization, a conservation district, or any 
        other public, private, or nonprofit entity which has adequate 
        authority to carry out aquatic ecosystem restoration projects 
        with assistance under this Act.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) Strategy.--The term ``Strategy'' means the National 
        Aquatic Ecosystem Restoration Strategy developed and published 
        under section 3(b)(1) and revised under section 3(e).
            (11) Task force.--The term ``Task Force'' means the Aquatic 
        Ecosystem Restoration Task Force established under section 
        3(a)(1).
            (12) Watershed council.--The term ``watershed council'' 
        means a representative group of local watershed residents 
        (including private, public, government, corporate, and 
        nonprofit organizations) organized to develop and implement 
        watershed restoration.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Fund, subject to subsection (b)--
            (1) $30,000,000 for fiscal year 1995;
            (2) $40,000,000 for fiscal year 1996; and
            (3) $50,000,000 for each of fiscal years 1997, 1998, and 
        1999.
    (b) Reduction of Amount Authorized.--The amount authorized to be 
appropriated to the Fund under subsection (a) for a fiscal year shall 
be reduced by the amount that will be deposited into the Fund for the 
fiscal year under section 6(b)(1).
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