[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 626 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 626

To amend the Watershed Protection and Flood Prevention Act to establish 
        a waterways restoration program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 1995

  Mr. Hatfield (for himself and Mr. Cochran) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Waterways Restoration Act of 1995''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Congress finds that--
            (1) restoring degraded streams, rivers, and other waterways 
        to a natural state is a cost effective means of controlling 
        flooding, excessive erosion, sedimentation, and nonpoint 
        pollution, including stormwater runoff;
            (2) protecting and restoring watersheds provides critical 
        ecological benefits by restoring and maintaining biodiversity, 
        providing fish and wildlife habitat, filtering pollutants, and 
        performing other important ecological functions;
            (3) waterway restoration and protection projects can 
        provide important economic and educational benefits by 
        rejuvenating waterfront areas, providing recreational 
        opportunities such as greenways, and creating community service 
        jobs and job training opportunities in waterway restoration for 
        disadvantaged youths, displaced resource harvesters, and other 
        unemployed persons;
            (4) restoring waterways helps to increase the fishing 
        potential of waterways and restore diminished fisheries, which 
        are important to local and regional cultures and economies; and
            (5) low income and minority communities frequently 
        experience disproportionately severe degradation of waterways, 
        but historically have had difficulty in meeting eligibility 
        requirements for Federal watershed projects under the Watershed 
        Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) 
        due to Federal policy obstacles such as local cost share 
        requirements and formulas for assessing costs and benefits that 
        favor high land values.
    (b) Policy.--Congress declares it in the national interest to--
            (1) protect and restore the chemical, biological, and 
        physical components of waterways and associated ecological 
        systems such that the biological and physical structures, 
        diversity, functions, and dynamics of the waterways and systems 
        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;
            (4) increase the involvement of the public and youth 
        conservation or service corps in the monitoring, inventorying, 
        and restoration of watersheds 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 waterways and the 
        development of multiuse greenway corridors.

SEC. 3. DEFINITION OF WORKS OF IMPROVEMENT.

    Section 2 of the Watershed Protection and Flood Prevention Act (16 
U.S.C. 1002) is amended by striking ``Each project'' and all that 
follows through ``of the project.''.

SEC. 4. WATERWAYS RESTORATION PROGRAM.

    The Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 
et seq.) is amended by adding at the end the following:

``SEC. 14. WATERWAYS RESTORATION PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Biotechnical slope protection.--The term 
        `biotechnical slope protection' means the use of live or dead 
        plant material, alone or in conjunction with an inert material, 
        to repair and fortify a watershed slope, roadcut, stream bank, 
        or other site vulnerable to excessive erosion, using systems 
        such as brush piling, brush layering, brush matting, fascines, 
        joint plantings, live stakes, seeding, stem cuttings, and pole 
        cuttings.
            ``(2) Channelization.--The term `channelization' means 
        removing the meanders and vegetation from a river or stream to 
        accelerate storm flow velocity, filling habitat to accommodate 
        land development or existing structures, or stabilizing a bank 
        with concrete or riprap.
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) a tribal or local government, flood control 
                district, water district, conservation district (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 program, nonprofit organization, or watershed 
                council; or
                    ``(B) an unincorporated neighborhood organization, 
                watershed council, or small citizen nongovernmental or 
                nonprofessional organization for which an incorporated 
                nonprofit organization is acting as a fiscal agent.
            ``(4) Fiscal agent.--The term `fiscal agent' means an 
        incorporated nonprofit organization that--
                    ``(A) is acting as a legal entity that can accept 
                government or private funds and pass the funds on to an 
                unincorporated community, cultural, or neighborhood 
                organization; and
                    ``(B) has entered into a written agreement with the 
                unincorporated organization that specifies the funding, 
                program, and working arrangements for carrying out a 
                project under the program.
            ``(5) Greenway.--The term `greenway' means a floodplain, 
        floodprone, or project right-of-way that provides flood risk 
        reduction, floodwater conveyance, fish and wildlife habitat, or 
        ecological benefits, and that may provide public access, 
        including a waterfront.
            ``(6) Nonprofit organization.--The term `nonprofit 
        organization' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 which is exempt 
        from tax under section 501(a) of the Code.
            ``(7) Program.--The term `program' means the waterways 
        restoration program established by the Secretary under 
        subsection (b).
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(9) Structure.--The term `structure' means a physical 
        project component used to restore a native ecosystem, including 
        a rock, wood cribwall, geotextile netting, geogrid, dirt-filled 
        gabion, weir, gully check dam, jack, groin, or fence.
            ``(10) Watershed council.--The term `watershed council' 
        means a representative group of local watershed residents 
        (including representatives from the private, public, 
        government, and nonprofit sectors) organized to develop and 
        carry out a consensus watershed restoration plan that includes 
        restoration, acquisition, and related activities.
            ``(11) Waterway.--The term `waterway' means a natural, 
        degraded, seasonal, or created wetland on private or public 
        land, including--
                    ``(A) a river, stream, riparian area, marsh, pond, 
                bog, mudflat, lake, or estuary; or
                    ``(B) a natural or humanmade watercourse on public 
                or private land that is culverted, channelized, or 
                vegetatively cleared, including a canal, irrigation 
                ditch, drainage way, or navigation, industrial, flood 
                control, or water supply channel.
            ``(12) Youth conservation or service corps program.--The 
        term `youth conservation or service corps program' means a 
        full-time, year-round youth corps program or a full-time summer 
        youth corps program as described in section 122(a)(2) of the 
        National and Community Service Act of 1990 (42 U.S.C. 
        12572(a)(2)).
    ``(b) Establishment.--The Secretary shall establish and carry out a 
waterways restoration program, under which the Secretary shall provide 
technical assistance and grants, on a competitive basis, to eligible 
entities to assist the entities in carrying out waterway restoration 
projects.
    ``(c) Administration.--
            ``(1) Objectives.--A project shall be eligible for 
        assistance under the program if the project is designed to 
        achieve ecological restoration or protection and--
                    ``(A) flood damage reduction;
                    ``(B) erosion control;
                    ``(C) stormwater management; or
                    ``(D) water quality enhancement.
            ``(2) Uses.--Funds made available for an eligible project 
        may be used for--
                    ``(A) restoration and monitoring of a degraded 
                waterway, including revegetation, restoration of a 
                biological community, or a change in land management 
                practices;
                    ``(B) restoration or establishment of a wetland or 
                riparian environment as part of a multiobjective 
                stormwater management system, in which the restored or 
                established area provides stormwater storage, 
                detention, and retention, nutrient filtering, wildlife 
                habitat, and increased biological diversity;
                    ``(C) reduction of runoff;
                    ``(D) stream bank restoration using the principles 
                of biotechnical slope stabilization;
                    ``(E) establishment and acquisition of a 
                multiobjective floodplain riparian and adjacent 
                floodprone land, including a greenway, for sediment 
                storage, floodwater storage and conveyance, wildlife 
                habitat, and recreation;
                    ``(F) removal of a culvert or storm drain to 
                reestablish natural ecological conditions and reduce 
                flood damage;
                    ``(G) organization of a local watershed council, in 
                conjunction with the implementation of an on-the-ground 
                action education or restoration project;
                    ``(H) training of a participant, including a youth 
                conservation or service corps program participant, in 
                restoration techniques, in conjunction with the 
                implementation of an on-the-ground action education or 
                restoration project;
                    ``(I) development of a waterway restoration or 
                watershed plan that will be used within a grant 
                agreement period, referred to in subsection (d)(2), to 
                carry out a specific restoration project;
                    ``(J) restoration of a stream channel to 
                reestablish a meandering, bankfull flow channel, 
                riparian vegetation, or a floodplain to--
                            ``(i) restore the functions and dynamics of 
                        a natural stream system to a previously 
                        channelized waterway so that channel dimensions 
                        and floodplain zones are appropriately sized to 
                        the watershed and the slope of the watershed, 
                        bankfull discharges, and sediment sizes and 
                        transport rates; or
                            ``(ii) convey larger flood flows as an 
                        alternative to a channelization project;
                    ``(K) release of a reservoir flow to restore a 
                riparian or instream habitat;
                    ``(L) a watershed or wetland project that has 
                undergone planning pursuant to another Federal, State, 
                tribal, or local program and law and has received any 
                necessary environmental review or permit; and
                    ``(M) an early action project that a watershed 
                council wants to implement prior to the completion of 
                the final consensus watershed plan, if the project 
                meets the watershed management objectives of the 
                council and is useful in fostering citizen involvement 
                in the planning process.
            ``(3) Location of project.--A project may be carried out 
        under the program on--
                    ``(A) Federal lands; or
                    ``(B) State or private lands, if the State or the 
                private land owner is a sponsor or cosponsor of the 
                project or otherwise consents.
            ``(4) Priority project.--In determining funding priorities, 
        a project shall have priority if the project--
                    ``(A) is located in or directly benefits a low 
                income or economically depressed area that is adversely 
                impacted by poor watershed management;
                    ``(B) restores or creates a business or occupation 
                in the project area, including a public access 
                opportunity for a waterfront greenway;
                    ``(C) provides an opportunity for a participant in 
                a Federal, State, tribal, or local youth conservation 
                or service corps and provides training in waterway 
                restoration, monitoring, and inventory work;
                    ``(D) serves a community composed of minorities or 
                Native Americans, including a project that develops an 
                outreach program to facilitate the participation by 
                minorities or Native Americans in the program;
                    ``(E) is identified as a regional priority, planned 
                in a regional context, and coordinated with Federal, 
                State, tribal, and local agencies;
                    ``(F) will restore wildlife or a fishery that has 
                commercial, recreational, subsistence, or scientific 
                concern;
                    ``(G) trains or employs a fisher or other resource 
                harvester whose livelihood has been adversely impacted 
                by habitat degradation;
                    ``(H) provides a significant improvement in 
                ecological values and functions in the project area; or
                    ``(I) was approved under this Act prior to the date 
                of enactment of this section, and the project meets or 
                was redesigned to meet the requirements of this 
                section.
            ``(5) Cost-benefit analysis.--A project shall only be 
        eligible for assistance under the program if an 
        interdisciplinary team, established under subsection (e), 
        determines that the local social, economic, ecological, and 
        community benefits of the project based on local needs, 
        problems, and conditions equal or exceed the local social, 
        economic, ecological, and community costs of the project.
            ``(6) Flood damage reduction.--A project to reduce flood 
        damage shall be designed for the level of risk selected by the 
        local sponsor and cosponsors to best meet--
                    ``(A) the needs of the local sponsor and cosponsors 
                for reducing flood risks;
                    ``(B) the ability of the local sponsor and 
                cosponsors to pay project costs; and
                    ``(C) community objectives to protect or restore 
                environmental quality.
            ``(7) Ineligible project.--A project involving 
        channelization, stream bank stabilization using a method other 
        than biotechnical slope protection, construction of a 
        reservoir, or construction of a structure shall not be eligible 
        for assistance under the program unless the project is 
        necessary for the reestablishment of the structure, function, 
        and diversity of a native ecosystem.
    ``(d) Program Administration.--
            ``(1) Designation of program administrators.--The Secretary 
        shall designate a program administrator 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 as the program administrator of the State.
            ``(2) Approval of a state agency.--
                    ``(A) In general.--A State may submit to the 
                Secretary an application for designation of a State 
                agency to serve as the program administrator of the 
                State.
                    ``(B) Criteria.--The Secretary shall approve an 
                application of a State submitted under subparagraph (A) 
                if the application demonstrates--
                            ``(i) the ability of the State agency to 
                        solicit, select, and fund projects within a 1-
                        year grant administration cycle;
                            ``(ii) responsiveness by the State agency 
                        to the administrative needs and limitations of 
                        small nonprofit organizations and low income or 
                        minority communities;
                            ``(iii) the success of the State agency in 
                        carrying out State or local programs that are 
                        similar to the program; and
                            ``(iv) the ability of the State agency to 
                        jointly plan and carry out with Indian tribes 
                        programs similar to the program.
                    ``(C) Redesignation.--If the Secretary determines, 
                after a public hearing, that a State agency approved 
                under this paragraph no longer meets the criteria set 
                forth in subparagraph (B), the Secretary shall so 
                notify the State and, if appropriate corrective action 
                has not been taken within a reasonable time, withdraw 
                the approval of the State agency as the program 
                administrator of the State and designate the State 
                Conservationist of the Natural Resources Conservation 
                Service as the program administrator of the State.
            ``(3) Technical assistance.--The State Conservationist of a 
        State shall carry out the technical assistance portion of the 
        program in the State regardless of approval under paragraph 
        (2)(B).
    ``(e) Establishment of Interdisciplinary Teams.--
            ``(1) In general.--There shall be established in each State 
        an interdisciplinary team of specialists to assist in reviewing 
        any project application submitted under the program.
            ``(2) Appointment.--The interdisciplinary team of a State 
        shall be composed of--
                    ``(A) individuals to be appointed on an annual 
                basis by the program administrator of the State, 
                including at least 1--
                            ``(i) hydrologist;
                            ``(ii) plant ecologist;
                            ``(iii) aquatic biologist;
                            ``(iv) biotechnical slope protection 
                        expert;
                            ``(v) landscape architect or planner;
                            ``(vi) member of the agricultural 
                        community;
                            ``(vii) representative of the fish and 
                        wildlife agency of the State; and
                            ``(viii) representative of the soil and 
                        water conservation agency of the State; and
                    ``(B) 4 representatives from Federal agencies (5 
                representatives from Federal agencies located in 
                coastal States), to be appointed on an annual basis by 
                the appropriate regional or State director of the 
                agency, from--
                            ``(i) the Natural Resources Conservation 
                        Service;
                            ``(ii) the Environmental Protection Agency;
                            ``(iii) the United States Fish and Wildlife 
                        Service;
                            ``(iv) the Corps of Engineers; and
                            ``(v) the National Marine Fishery Service 
                        (in coastal States).
            ``(3) Affiliation of representatives.--A representative 
        appointed pursuant to paragraph (2)(A) may be an employee of a 
        Federal, State, tribal, or local agency or a nonprofit 
        organization.
            ``(4) Federal advisory committee act.--Sections 9, 
        10(a)(2), and 14 of the Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to an interdisciplinary team 
        established under this subsection.
            ``(5) Notice.--An interdisciplinary team shall provide 
        adequate public notice before conducting a meeting under this 
        section, including notification in the official State journal.
    ``(f) Conditions for Receiving Assistance.--
            ``(1) Project sponsor and cosponsors.--
                    ``(A) Requirement.--To be eligible for assistance 
                under the program, a project shall have as project 
                participants--
                            ``(i) a citizens organization; and
                            ``(ii) a State, regional, tribal, or local 
                        governing body, agency, or district.
                    ``(B) Project sponsor.--A project participant 
                referred to in subparagraph (A) shall be designated as 
                the project sponsor. The project sponsor shall make the 
                grant application and have the primary responsibility 
                for executing the grant agreement, submitting invoices, 
                and receiving reimbursements.
                    ``(C) Project cosponsor.--A project participant 
                that is not the project sponsor shall be designated as 
                the project cosponsor. The project cosponsor shall, 
                jointly with the project sponsor, support and actively 
                participate in the project. There may be more than 1 
                cosponsor for a project.
            ``(2) Use of grant funds.--Grant funds made available under 
        the program shall not supplant other available funds for a 
        waterway restoration project, including developer fees, 
        mitigation, or compensation required as a permit condition or 
        as a result of a violation of this Act or any other law.
            ``(3) Maintenance requirement.--At least 1 project sponsor 
        or cosponsor shall be responsible for ongoing maintenance of 
        the project.
    ``(g) Selection of a Project.--
            ``(1) Application.--To receive assistance 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 
        in such form and containing such information as the Secretary 
        may by regulation require.
            ``(2) Review of applications by interdisciplinary teams.--
                    ``(A) Transmittal.--Each application for assistance 
                under the program received by the program administrator 
                of a State shall be 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 the applications transmitted 
                        to the team pursuant to subparagraph (A);
                            ``(ii) determine the eligibility of 
                        proposed projects for funding under the 
                        program;
                            ``(iii) make recommendations concerning 
                        funding priorities for the eligible projects; 
                        and
                            ``(iv) transmit the findings and 
                        recommendations of the team to the program 
                        administrator of the State.
                    ``(C) Project opposition by certain 
                representatives.--
                            ``(i) In general.--If 2 or more of the 
                        members of an interdisciplinary team of a State 
                        appointed pursuant to clause (vii) or (viii) of 
                        subsection (e)(2)(A) or clause (ii), (iii), or 
                        (v) of subsection (e)(2)(B) are opposed to a 
                        project that is supported by a majority of the 
                        members of the interdisciplinary team, a 
                        determination on whether the project may 
                        receive assistance under the program shall be 
                        made by the Chief of the Natural Resources 
                        Conservation Service.
                            ``(ii) Consultation.--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 Administrator 
                        of the National Marine Fisheries Service.
                            ``(iii) Monitoring.--The Secretary shall 
                        conduct such monitoring activities as are 
                        necessary to ensure the success and 
                        effectiveness of a project determination made 
                        pursuant to this subparagraph.
            ``(3) Final selection.--The final determination 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 made by the interdisciplinary team 
        of the State pursuant to paragraph (2)(B).
    ``(h) Grant Application Cycle.--
            ``(1) In general.--A grant under the program shall be 
        awarded on an annual basis.
            ``(2) Grant agreements.--The program administrator of a 
        State may enter into a grant agreement 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, subject to reevaluation 
        each year as part of the annual funding cycle.
    ``(i) 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 communities.--The Secretary 
        may waive all or part of the non-Federal share of the cost of a 
        project that is carried out in an economically 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 an in-kind contribution, 
        including a contribution of labor, involvement of a youth 
        service or conservation corps program participant, material, 
        equipment, consulting services, or land.
            ``(4) Regulations.--Not later than 1 year after the date of 
        the enactment of this section, the Secretary shall issue 
        regulations to establish procedures for granting waivers under 
        paragraph (2).
    ``(j) Limitations on Costs of Administration and Technical 
Assistance.--Of the total amount made available for any fiscal year to 
carry out this section--
            ``(1) not more than 15 percent may be used for 
        administrative expenses; and
            ``(2) not more than 25 percent may be used for providing 
        technical assistance.
    ``(k) Consultation With a Federal Agency.--In establishing and 
carrying out a program under this section, the Secretary shall consult 
with the heads of appropriate Federal departments or 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 Director of the Geological Survey, the Chief of the 
Forest Service, the Assistant Administrator for the National Marine 
Fishery Service, or the Director of the National Park Service.
    ``(l) Citizens Oversight Committee.--
            ``(1) Establishment.--The Governor of each State shall 
        establish a citizens oversight committee to evaluate management 
        of the program in the State. The membership of a citizens 
        oversight committee shall represent a diversity of regions, 
        cultures, and watershed management interests.
            ``(2) Components to be evaluated.--Program components to be 
        evaluated by a citizens oversight committee established under 
        paragraph (1) are--
                    ``(A) program outreach, accessibility, and service 
                to low income and minority ethnic communities and 
                displaced resource harvesters;
                    ``(B) the manageability of grant application 
                procedures, contracting transactions, and invoicing for 
                disbursement for small nonprofit organizations;
                    ``(C) the success of the program in supporting the 
                range of the program objectives, including evaluation 
                of the environmental impacts of the program as 
                implemented;
                    ``(D) the number of jobs created for identified 
                target groups;
                    ``(E) the diversity of job skills fostered for 
                long-term watershed related employment; and
                    ``(F) the extent of involvement of youth 
                conservation or service corps programs.
            ``(3) Annual report.--The program administrator of each 
        State shall issue an annual report summarizing the program 
        evaluation under paragraph (1). The report shall be signed by 
        each member 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 (5 U.S.C. App.) shall not apply to a 
        citizens oversight committee established under this subsection.
            ``(5) Notice.--A citizens oversight committee shall provide 
        adequate public notice before conducting a meeting under this 
        section, including notification in the official State journal.
    ``(m) Funding.--
            ``(1) Funding priority.--The Secretary shall give priority 
        to a waterways restoration project under this section in making 
        funding decisions under this Act.
            ``(2) Transferred funds.--The Secretary may accept the 
        transfer of funds from other Federal departments and agencies 
        to carry out this section.
            ``(3) Applicability of requirements.--Funds made available 
        to carry out this section, and financial assistance provided 
        with the funds, shall be subject to this section and, to the 
        extent the requirements are consistent with this section, other 
        provisions of this Act.''.
                                 <all>
S 626 IS----2