[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2441 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2441

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 SENATE OF THE UNITED STATES

                             April 13, 2000

Mr. Bond (for himself and Mrs. Lincoln) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to establish a program 
for fisheries habitat protection, restoration, and enhancement, 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 ``Fishable Waters Act of 2000''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Congress finds that--
            (1) the extensive and diverse fishery resources of the 
        United States--
                    (A) are of enormous recreational and economic 
                benefit to the United States, providing employment, 
                subsistence, tourism, and wholesome, family-oriented 
                recreational opportunities for millions of people; and
                    (B) contribute billions of dollars to the economy 
                of the United States;
            (2) it is in the best interest of the United States to 
        secure the benefits of fishery resources by--
                    (A) protecting and restoring healthy fish 
                populations in inland and coastal aquatic environments; 
                and
                    (B) enhancing fishing opportunities;
            (3) sufficient water of good quality is 1 of the most 
        significant requirements for sustaining and restoring the 
        productivity of fisheries in the watersheds and coastal areas 
        of the United States;
            (4) despite the success of federally funded fish and 
        wildlife restoration programs in restoring fish and wildlife 
        across the United States, and the success of the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) in improving 
        water quality in the surface water of the United States, the 
        national goal of providing for the protection and propagation 
        of fish, shellfish, and wildlife has not been fully realized;
            (5) the goal of providing for the protection and 
        propagation of fish, shellfish, and wildlife could be 
        significantly advanced through a renewed commitment and 
        sustained effort, in coordination with fish and wildlife 
        restoration programs and clean water programs--
                    (A) to protect and restore freshwater and marine 
                fisheries habitat; and
                    (B) to enhance access for fisheries uses for 
                present and future generations;
            (6) the loss of aquatic and riparian habitat through 
        activities such as physical alteration of watercourses, 
        obsolete flood-control structures and practices, stream 
        blockages, erosion and sedimentation, excessive water flow 
        diversion and consumption, and destruction or modification of 
        wetland have caused significant declines in fish populations 
        and access to fishing opportunities throughout the United 
        States;
            (7) urban communities are disproportionately affected by 
        aquatic habitat loss, loss of species diversity, invasion of 
        exotic species, and lack of public access to waterways and 
        fishing opportunities;
            (8) the United States can achieve significant progress 
        toward providing for the protection and propagation of fish, 
        shellfish, and wildlife through a voluntary, non-regulatory, 
        incentive-based program that is--
                    (A) based on Federal technical and financial 
                assistance; and
                    (B) coupled with planning and implementation on a 
                watershed basis by local, regional, State, and tribal 
                organizations;
            (9) the program referred to in paragraph (8) should be 
        designed and carried out--
                    (A) to characterize aquatic habitats in terms of 
                suitability for fisheries;
                    (B) to review and supplement established fisheries 
                objectives or to establish new objectives;
                    (C) to identify the factors and activities causing 
                adverse impacts or threats to fisheries habitats and 
                uses; and
                    (D) to define and implement site-specific projects 
                and measures, with the willing consent of affected 
                landowners, necessary for the protection and 
                restoration of fisheries habitat and enhancement of 
                access; and
            (10) 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, is necessary to 
        achieve the necessary progress on an equitable, cost-effective 
        basis.
    (b) Policy.--Section 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 paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) it is the national policy to achieve--
                    ``(A) the protection and restoration of sustained 
                fish production and fisheries habitat in the watersheds 
                and marine environment of the United States; and
                    ``(B) the enhancement of access for fisheries uses 
                through a combination of voluntary watershed planning 
                and incentives for the implementation 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 et seq.) is amended by adding at the end the 
following:

``SEC. 321. FISHERIES HABITAT PROTECTION, RESTORATION, AND ENHANCEMENT.

    ``(a) Definitions.--In this section:
            ``(1) Access restricted water.--The term `access restricted 
        water' means high value water, the public use and enjoyment of 
        fisheries of which is significantly limited by lack of access.
            ``(2) Council.--The term `council' means a watershed 
        council designated under subsection (c)(4).
            ``(3) Habitat limited water.--The term `habitat limited 
        water' means water in which the attainment of healthy, 
        resilient, diverse, and productive aquatic systems necessary to 
        sustain socially, ecologically, or economically important 
        fisheries is adversely affected by physical, chemical, or 
        biological conditions that can be remediated.
            ``(4) High priority watershed.--The term `high priority 
        watershed' means a watershed designated under State law, as 
        described in subsection (b), for which available information 
        demonstrates a high likelihood that the planning and other 
        activities authorized under this section could achieve 
        significant progress toward protection or restoration of 
        habitat for fisheries that exhibit substantial existing or 
        potential biological, commercial, or recreational value.
            ``(5) High value water.--The term `high value water' means 
        water, the physical, chemical, and biological conditions of 
        which sustain socially, ecologically, or economically important 
        fisheries.
            ``(6) Program.--The term `program' means a program for the 
        protection and restoration of the fisheries habitat and uses 
        described in subsection (b)(1)(A).
            ``(7) Plan.--The term `plan' means a comprehensive 
        fisheries habitat protection, restoration, and enhancement plan 
        developed by a council under subsection (d)(1)(A).
            ``(8) Revitalization program.--The term `revitalization 
        program' means the community fisheries habitat revitalization 
        program established under subsection (g).
            ``(9) Revitalization project.--The term `revitalization 
        project' means a project for community fisheries habitat 
        revitalization conducted under a revitalization program.
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting in consultation with--
                    ``(A) the Administrator of the Environmental 
                Protection Agency;
                    ``(B) the Secretary of Commerce; and
                    ``(C) the Secretary of the Interior.
            ``(11) State fish and wildlife agency.--The term `State 
        fish and wildlife agency' means the commission, department, 
        agency, or agencies within each State that has or have primary 
        legal authority for the conservation of fish and wildlife in 
        the State.
            ``(12) State.--The term `State', when used in a political 
        sense, means any 1 or more of the following authorities of a 
        State receiving assistance under this section acting under 
        jurisdiction provided under State law:
                    ``(A) The chief executive officer of a State.
                    ``(B) A State agency charged with ensuring water 
                quality standards.
                    ``(C) A State fish and wildlife agency.
            ``(13) State technical committee.--The term `State 
        technical committee' means a State technical committee 
        established by the Secretary under subtitle G of the Food 
        Security Act of 1985 (16 U.S.C. 3861 et seq.) to provide 
        technical assistance relating to conservation.
            ``(14) Watershed.--The term `watershed' means, with respect 
        to a river, stream, or other surface water body, the drainage 
        area that contributes water to that river, stream, or water 
        body.
            ``(15) Urban watershed.--The term `urban watershed' means a 
        watershed or portion of a watershed located wholly or 
        substantially within the boundaries of an urbanized area, as 
        designated by the Bureau of the Census, or a municipality of 
        10,000 or more persons.
    ``(b) State Programs.--
            ``(1) In general.--
                    ``(A) Establishment.--To be eligible for assistance 
                under this section, a State shall establish a program 
                for--
                            ``(i) the protection and restoration of 
                        fresh water, estuarine, and marine fisheries 
                        habitat; and
                            ``(ii) the enhancement of access for 
                        fisheries uses through watershed planning and 
                        the implementation of projects, activities, and 
                        measures that meet the requirements of this 
                        section.
                    ``(B) Effect of section.--Nothing in this section--
                            ``(i) alters, or requires alteration of, 
                        the authority or jurisdiction of a State fish 
                        and wildlife agency;
                            ``(ii) affects the authority, jurisdiction, 
                        or responsibility of a State to manage, 
                        control, and regulate fish and resident 
                        wildlife (including habitat of fish and 
                        resident wildlife) under State law (including 
                        regulations);
                            ``(iii) except as specifically provided in 
                        this section, affects, alters, suspends, or 
                        delays implementation of any other provision of 
                        this Act (including any requirement under a 
                        program established under this Act), or the 
                        obligations of any party under such a 
                        provision; or
                            ``(iv) authorizes any council, State, or 
                        Indian tribe to recommend or approve the 
                        imposition of any new or more stringent 
                        regulatory or compliance obligations under any 
                        provision of this Act (including any 
                        requirement under a program established under 
                        this Act).
            ``(2) Application for program approval.--
                    ``(A) In general.--A State, in cooperation with 
                and, wherever applicable, through the authority of the 
                State fish and wildlife agency or regional fisheries 
                commission, may submit to the Secretary for approval a 
                program described in paragraph (1).
                    ``(B) Approval.--The Secretary shall approve the 
                program if the Secretary finds, after public notice and 
                opportunity for public comment, that the program 
                satisfies, and the State has the capability to 
                implement, the conditions described in paragraph (3).
            ``(3) Conditions for program approval.--
                    ``(A) Establishment of advisory review board.--
                            ``(i) In general.--A State shall establish 
                        an advisory review board, committee, or other 
                        advisory body (or expand the authority and 
                        duties of any body) to provide recommendations 
                        with respect to each decision taken under the 
                        program.
                            ``(ii) Membership.--The membership of the 
                        advisory review board shall--
                                    ``(I) be fairly balanced in terms 
                                of the points of view represented and 
                                the functions to be performed;
                                    ``(II) be representative of 
                                interests affected by activities 
                                carried out under the program 
                                (including tribal, private, public, 
                                governmental, and nonprofit interests); 
                                and
                                    ``(III) include 1 or more members 
                                who represent the interests of 
                                designated watershed councils.
                    ``(B) Designation and termination of councils.--
                            ``(i) In general.--A State shall designate 
                        (or terminate the designation of) councils and 
                        associated watersheds in accordance with 
                        subsection (c)(4).
                            ``(ii) Determination of high priority.--In 
                        designating a watershed, the State shall 
                        determine, based on a review of the best 
                        available scientific information collected in 
                        cooperation with appropriate State fish and 
                        wildlife agencies, whether the watershed shall 
                        be considered a high priority watershed.
                            ``(iii) Formation.--A State shall--
                                    ``(I) solicit, encourage, and 
                                facilitate the formation of councils 
                                for high priority watersheds; and
                                    ``(II) support the formation of 
                                councils voluntarily proposed in other 
                                watersheds.
                    ``(C) Priority ranking system.--
                            ``(i) In general.--A State shall develop, 
                        in cooperation with appropriate State fish and 
                        wildlife agencies and State technical 
                        committees, and provide to councils, a uniform 
                        system for assigning priority rankings for 
                        recommended projects and measures contained in 
                        plans submitted for review under the program.
                            ``(ii) Significant progress.--A priority 
                        ranking system shall be based primarily on the 
                        likelihood that recommended projects would 
                        achieve significant progress toward protection 
                        or restoration of habitat or enhancement of 
                        uses for important (or potentially important) 
                        recreational and subsistence fisheries.
                    ``(D) Review of decisions.--
                            ``(i) In general.--A State shall review and 
                        issue, in cooperation with appropriate State 
                        fish and wildlife agencies, decisions 
                        concerning--
                                    ``(I) fisheries habitat protection, 
                                restoration, and enhancement plans; and
                                    ``(II) all interim recommendations 
                                to the plans developed, revised, or 
                                updated by councils.
                            ``(ii) Judicial review.--
                                    ``(I) In general.--A decision 
                                referred to under clause (i) shall be 
                                subject to judicial review under State 
                                law.
                                    ``(II) No federal requirement.--
                                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.
                    ``(E) Funds.--A State shall--
                            ``(i) receive and administer funds provided 
                        and reserved under this section; and
                            ``(ii) maintain and administer a fisheries 
                        habitat account for the purpose of providing 
                        funds for implementation of council 
                        recommendations.
                    ``(F) Coordination.--A State shall coordinate (in 
                the case of a shared fisheries habitat, with the 
                watershed planning programs of another State) the 
                development of complementary approaches to--
                            ``(i) the protection and restoration of 
                        fisheries habitat; and
                            ``(ii) the enhancement of access for uses 
                        in watersheds.
                    ``(G) Report.--A State shall annually submit, to 
                the Secretary, the Administrator, and the Secretary of 
                the Interior, and make available publicly within each 
                designated watershed, a report that describes--
                            ``(i) the progress achieved, funds 
                        expended, and monitoring results obtained by 
                        councils in the State under the program; and
                            ``(ii) the plans and objectives of the 
                        State for future activities under the program.
                    ``(H) Recommendations.--A State shall submit to 
                each affected and interested department and agency of 
                the Federal Government all recommendations contained in 
                approved plans and interim recommendations that pertain 
                to the activities or land under the jurisdiction of the 
                department or agency.
                    ``(I) Major waterway segments.--A State that elects 
                to consider planning for major waterway segments under 
                the program shall review and issue decisions accepting 
                or rejecting any recommendation provided by the 
                Secretary of the Interior under subsection (h)(4).
            ``(4) Grants for implementation.--On approval of a program 
        submitted by a State under this subsection, the Secretary may--
                    ``(A) make grants to the State for administration 
                of the program, in accordance with subsection 
                (h)(3)(A); and
                    ``(B) enter into a memorandum of understanding with 
                the State, in accordance with subsection 
                (h)(3)(A)(iii), under which the State may make grants 
to councils for development of plans and interim recommendations under 
subsection (c).
    ``(c) Watershed Councils.--
            ``(1) In general.--A State, under a program approved under 
        subsection (b)--
                    ``(A) may designate 1 or more councils to carry out 
                the planning functions identified in subsection (d); 
                and
                    ``(B) shall designate and describe the watershed 
                for which each council has planning responsibility.
            ``(2) Capabilities and purposes of councils.--A council 
        shall be eligible for designation under an approved State 
        program if the council--
                    ``(A) is a voluntary organization that--
                            ``(i) possesses no direct or indirect 
                        regulatory authority; and
                            ``(ii) is convened by--
                                    ``(I) a State;
                                    ``(II) a local governing body, such 
                                as a city, county, town, water supply 
                                or sewer district, watershed district, 
                                drainage district, soil and water 
                                conservation district, flood control 
                                district, or irrigation district; or
                                    ``(III) any combination of the 
                                governing bodies referred to in 
                                subclauses (I) and (II).
                    ``(B) has a membership that--
                            ``(i) is fairly balanced, in terms of the 
                        points of view represented and the functions to 
                        be performed; and
                            ``(ii) is representative of interests 
                        within the watershed that may be affected by 
                        the activities of the council (including 
                        tribal, private, public, governmental, and 
                        nonprofit interests, and the interests of 
                        special purpose districts, as appropriate);
                    ``(C) has a specific charter, to be approved by the 
                State on designation, that commits the council to 
                achieving the objectives of this section in a timely 
                manner;
                    ``(D) has access to expertise that is necessary to 
                perform the objectives of this section in a timely 
                manner, including expertise of--
                            ``(i) members of the council;
                            ``(ii) the State fish and wildlife agency 
                        and the State technical committee; or
                            ``(iii) identified advisory groups, 
                        institutions, or individuals;
                    ``(E) has adopted procedures to ensure public 
                participation in the activities of the council; and
                    ``(F) has authority, through an agreement with the 
                member agencies of the council (including conservation 
                districts and resource conservation districts), to 
                ensure proper administration of and accounting for--
                            ``(i) grant funds provided under this 
                        section; and
                            ``(ii) other public or private funds.
            ``(3) Other considerations.--
                    ``(A) Watersheds located in more than 1 state.--
                            ``(i) In general.--In the case of a 
                        watershed, the land and water of which lie 
                        within the jurisdiction of more than 1 State, 
                        the States exercising jurisdiction over the 
                        watershed may--
                                    ``(I) jointly designate a council 
                                to carry out planning functions for the 
                                watershed; and
                                    ``(II) choose to facilitate a 
                                program through establishment of an 
                                appropriate regional fisheries 
                                commission.
                            ``(ii) Election not to participate.--If a 
                        State that shares jurisdiction over a watershed 
                        elects not to designate a council as described 
                        in clause (i), the remaining State or States 
                        with jurisdiction over the watershed may 
                        exercise the authority under clause (i) with 
                        respect to the portions of the watershed under 
                        their respective jurisdictions.
                    ``(B) Preference for existing councils.--In 
                designating councils under this subsection, a State 
                shall give preference to councils or similar bodies (or 
                portions of councils or similar bodies) that--
                            ``(i) are in existence on the date of 
                        enactment of this section;
                            ``(ii) are organized under other 
                        authorities for purposes similar to the 
                        purposes of this section;
                            ``(iii) are local or regional resource 
                        planning organizations; and
                            ``(iv) substantially satisfy the 
                        requirements of paragraph (2).
            ``(4) Application and designation process.--
                    ``(A) Applications.--An organization that meets the 
                requirements of paragraph (2) may apply for designation 
                as a council by submitting to a State with a program 
                that has been approved under subsection (b)--
                            ``(i) a description of the capabilities and 
                        purpose of the organization;
                            ``(ii) the proposed charter of the 
                        organization; and
                            ``(iii) a description of the relevant 
                        watershed.
                    ``(B) Designations.--The State shall--
                            ``(i) review and evaluate the adequacy of 
                        the materials submitted under subparagraph (A);
                            ``(ii) publish the materials for public 
                        comment, if the State determines that all 
                        required materials have been submitted; and
                            ``(iii) within a reasonable time after the 
                        close of the public comment period, issue a 
decision (including a response to significant public comments) that--
                                    ``(I) designates the organization 
                                as a council, with or without 
                                conditions; or
                                    ``(II) denies the application for 
                                designation.
                    ``(C) Effect of designations.--If a council 
                continues to serve the purposes of the charter of the 
                council, as determined by the State, the council shall 
                be eligible to receive--
                            ``(i) funding to carry out planning 
                        functions under subsection (h); and
                            ``(ii) approval of the plan or revisions to 
                        the plan in accordance with this section.
    ``(d) Watershed Planning Process.--
            ``(1) Comprehensive plans.--
                    ``(A) In general.--Each council shall develop a 
                comprehensive fisheries habitat protection, 
                restoration, and enhancement plan for submission to the 
                State that, at a minimum, meets the requirements of 
                paragraph (4).
                    ``(B) Considerations.--In developing a plan under 
                subparagraph (A), a council shall--
                            ``(i) consider the views of the appropriate 
                        State fish and wildlife agency to ensure that 
                        the plan will complement the implementation of 
                        fisheries-related plans developed under other 
                        laws or requirements; and
                            ``(ii) consult with the State technical 
                        committee, the State department of agriculture, 
                        and other appropriate organizations with 
                        relevant expertise to ensure that the plan--
                                    ``(I) will complement the 
                                implementation of existing State 
                                committee plans; and
                                    ``(II) reflects a thorough 
                                evaluation of the effect of the 
                                recommendations of the council on land 
                                use activities (including agricultural 
                                uses).
            ``(2) Interim recommendations.--
                    ``(A) In general.--A council may submit for 
                approval interim recommendations that address high 
                priority factors or activities causing imminent adverse 
                impacts or threats to fisheries habitat located in high 
                priority portions of water within the watershed.
                    ``(B) Requirements.--An interim recommendation 
                under subparagraph (A) shall--
                            ``(i) conform to the requirements of 
                        paragraph (4)(D);
                            ``(ii) be reviewed in accordance with 
                        subsection (d); and
                            ``(iii) have the same effect as 
                        recommendations contained in plans approved 
                        under subsection (e).
            ``(3) Data collection and expertise.--Each council--
                    ``(A) shall collect and consider the best available 
                scientific information;
                    ``(B) may develop such additional data and 
                information as are necessary or desirable; and
                    ``(C) shall consult with the appropriate State fish 
                and wildlife agency, the State technical committee, the 
                State water quality agency, and such other experts as 
                are necessary to carry out the comprehensive planning 
                process described in paragraph (4).
            ``(4) Planning elements.--
                    ``(A) In general.--A plan developed and submitted 
                for approval under this section shall include a 
                description of each of the planning elements described 
                in subparagraphs (B) through (H).
                    ``(B) Characterization of water and watersheds.--A 
                plan described in subparagraph (A) shall include an 
                analysis of the water of the watershed in terms of--
                            ``(i)(I) any fisheries-related indicators 
                        and habitat characteristics that have been 
                        established by the State fish and wildlife 
                        agency under subsection (h)(2); or
                            ``(II) before the establishment of those 
                        indicators and characteristics, the information 
                        issued by the Secretary of the Interior under 
                        that subsection;
                            ``(ii) geomorphological characteristics;
                            ``(iii) manmade topographic features that 
                        govern the quantity or flow of water;
                            ``(iv) wetland, channels, meander belts, 
                        erosion zones, and low-lying areas of the 
                        floodplain (including a description of any 
                        historic and present flooding patterns);
                            ``(v) watershed soils that are present, 
                        including--
                                    ``(I) the potential of the soil to 
                                erode; and
                                    ``(II) measures taken by landowners 
                                to prevent runoff and erosion;
                            ``(vi) land cover and land uses that affect 
                        the ability of the watershed ability to support 
                        fishery resources;
                            ``(vii) existing and potential fisheries-
                        related uses of the watershed (including 
                        recreational, subsistence, and economic uses) 
                        that are or may be affected by--
                                    ``(I) adverse impacts on fisheries 
                                habitats; or
                                    ``(II) restrictions on public 
                                access;
                            ``(viii) whether certain water in the 
                        watershed should be considered to be habitat 
                        limited, of high value, or access restricted 
                        for fisheries uses; and
                            ``(ix) protections for fishery and habitat 
                        values in existence on the date of receipt of 
                        the materials under this subparagraph.
                    ``(C) Recommended objectives.--The council shall 
                develop near-term and long-term objectives for the 
                protection and restoration of fisheries habitat and 
                enhancement of access within the watershed, including, 
as relevant and appropriate, recommendations for--
                            ``(i) protection of high-value water 
                        through implementation of measures to maintain 
                        habitat conditions that will sustain a healthy, 
                        resilient, diverse, and productive aquatic 
                        system;
                            ``(ii) restoration of habitat limited water 
                        or portions of habitat limited water through 
                        the implementation of measures to produce 
                        habitat conditions that will sustain a healthy, 
                        resilient, diverse, and productive aquatic 
                        system; and
                            ``(iii) enhancement of access for fisheries 
                        uses in restricted water through implementation 
                        of projects or measures to increase public 
                        access, use, and enjoyment.
                    ``(D) Identification of existing factors, 
                activities, projects, and measures.--
                            ``(i) In general.--The council shall 
                        identify--
                                    ``(I) the factors and activities 
                                causing adverse impacts or threats to 
                                fisheries habitat in the watershed;
                                    ``(II) restrictions on access for 
                                fisheries uses within the watershed; 
                                and
                                    ``(III) the projects and measures, 
                                in the planning and implementation 
                                stages, that are designed to address 
                                the adverse impacts, threats, or 
                                restrictions.
                            ``(ii) Specific factors and activities.--At 
                        a minimum, a plan shall specifically consider--
                                    ``(I) the causes of degradation or 
                                modification of fisheries habitat (such 
                                as channelized streams, erosion 
                                sources, reduced or modified in-stream 
                                flows, disrupted sediment transport 
                                mechanisms, damaged or destroyed 
                                riparian vegetation, damaged or 
                                destroyed spawning beds, and drained 
                                backwater or wetland), including any 
                                upland activity that contributes to the 
                                degradation or modification;
                                    ``(II) the principal categories of 
                                point and nonpoint sources of pollution 
                                adversely affecting fisheries habitat;
                                  ``(III) flood control measures and 
                                other floodplain management factors 
                                that may have an adverse impact on 
                                fisheries habitat;
                                    ``(IV) the alteration or reduction 
                                of water flows, the timing and 
                                magnitude of water-flow management 
                                measures, and the acceleration of 
                                runoff that have an adverse impact on 
                                fisheries habitat; and
                                    ``(V) factors and activities 
                                causing the destruction, modification, 
                                or degradation of wetland that may have 
                                an adverse impact on fisheries habitat.
                    ``(E) Recommended projects and measures.--
                            ``(i) In general.--A plan shall describe 
                        the recommendations of the council for specific 
                        projects and measures that should be carried 
                        out, strengthened, supported, or modified--
                                    ``(I) to achieve the objectives 
                                recommended under subparagraph (C); and
                                    ``(II) to address the factors and 
                                activities identified under 
                                subparagraph (D).
                            ``(ii) Priority rankings.--The council 
                        shall assign a priority ranking to each project 
                        and measure for which implementation payments 
                        are recommended under subsection (e).
                            ``(iii) Anticipated effects.--The plan 
                        shall identify anticipated effects on land use 
                        activities in existence on the date of 
                        completion of the plan.
                            ``(iv) Sources of funding.--For each 
                        recommendation, the plan shall identify 
                        potential sources of Federal, State, local, or 
                        other financial support to facilitate 
                        implementation of the recommendation.
                    ``(F) Categories.--In making recommendations, the 
                council shall consider--
                            ``(i) for high value and habitat limited 
                        water, any necessary projects and measures that 
                        should be carried out, strengthened, supported, 
                        or modified, with the willing consent of 
                        persons holding a property interest or 
                        interests in affected land, to protect or 
                        improve physical fisheries habitat conditions 
                        such as--
                                    ``(I) instream modifications and 
                                structures;
                                    ``(II) streamside vegetation;
                                    ``(III) modifications to flood 
                                control measures and structures to 
                                improve the connection of rivers to 
                                low-lying areas such as backwaters, 
                                side channels, oxbows, and tributary 
                                mouths;
                                    ``(IV) improved floodplain 
                                management practices and flood control 
                                programs;
                                    ``(V) improved stream flow control 
                                practices;
                                    ``(VI) flood-response and disaster-
                                relief planning and measures that will 
                                preserve or improve habitat integrity 
                                in connection with decisions regarding 
                                flood response, cleanup, levee 
restoration, or other alternatives following future floods; and
                                    ``(VII) other appropriate 
                                techniques for the protection or 
                                improvement of fisheries habitat;
                            ``(ii) for nonpoint sources or categories 
                        of nonpoint sources--
                                    ``(I) contributing pollutants 
                                (including sediments) to habitat 
                                limited water; and
                                    ``(II) any necessary incentives, 
                                funding, or other assistance to 
                                facilitate the implementation, with the 
                                willing consent of each person holding 
                                a property interest in affected land, 
                                of additional or different best 
                                management practices;
                            ``(iii) for high value and habitat limited 
                        waters, any necessary incentives, funding, or 
                        other assistance, to be carried out with the 
                        willing consent of each person holding a 
                        property interest in affected land, for the 
                        prevention or mitigation of adverse impacts on 
                        fisheries habitat from the destruction or 
                        modification of wetland; and
                            ``(iv) for restricted water, any necessary 
                        incentives, funding, or other assistance, to be 
                        carried out with the willing consent of each 
                        person holding a property interest in affected 
                        land, for improvement of public access to the 
                        water for enhancement of fisheries uses 
                        (including a determination that recommended 
                        enhancements of fisheries uses would be 
                        consistent with sustaining a healthy, 
                        resilient, diverse, and productive aquatic 
                        system in the affected water).
                    ``(G) Recommended monitoring.--
                            ``(i) In general.--A plan shall describe--
                                    ``(I) the recommendations of the 
                                council for biological, water quality, 
                                water quantity, and other monitoring 
                                activities that are necessary to assess 
                                the protection, restoration, and 
                                enhancement benefits realized from 
                                implementation of the plan; and
                                    ``(II) the potential sources of 
                                funding and other resources necessary 
                                to implement the recommendations.
                            ``(ii) Consistency.--Monitoring shall, to 
                        the maximum extent practicable, be consistent 
                        with--
                                    ``(I) the duration of the activity 
                                being monitored; and
                                    ``(II) the need to evaluate the 
                                results of the activity.
                    ``(H) Planning process documentation.--A plan 
                shall--
                            ``(i) describe and document the steps taken 
                        by a council during the planning process to 
                        meet consultation and public participation 
                        obligations; and
                            ``(ii) describe the results of 
                        consultations with persons holding a property 
                        interest or interests in the affected land that 
                        potentially would be affected by 
                        recommendations contained in the plan.
            ``(5) Periodic review and revision.--
                    ``(A) In general.--Each council shall review and, 
                as necessary or appropriate, revise or update an 
                approved plan on a regular basis for as long as the 
                council continues to be authorized, but not less 
                frequently than once every 5 years.
                    ``(B) Approval.--A revised or updated plan--
                            ``(i) shall be submitted by a council for 
                        approval under subsection (d); and
                            ``(ii) if the plan is approved under that 
                        subsection, shall have the effect of a plan 
                        approved under subsection (e).
                    ``(C) Plans of terminated councils.--The State 
                shall--
                            ``(i) periodically review each approved 
                        plan, the administering council of which has 
                        been terminated; and
                            ``(ii) decide whether to continue, 
                        terminate, or modify the plan in accordance 
                        with subsection (d).
    ``(e) Approval of Plans and Interim Recommendations.--
            ``(1) Submission of plans.--Each council shall submit for 
        approval by the State the plan or interim recommendations in 
        accordance with this subsection.
            ``(2) Public participation.--
                    ``(A) In general.--If a State preliminarily 
                determines that a plan or interim recommendations 
                submitted under paragraph (1) meet the requirements of 
                subsection (c), the State shall--
                            ``(i) promptly issue public notice and 
                        provide an opportunity for a public comment 
                        period on the plan or recommendations; and
                            ``(ii) ensure that each Federal and State 
                        agency with jurisdiction over any expenditures, 
                        projects, measures, or management decisions 
                        that are the subject of any recommendation--
                                    ``(I) receives a copy of the plan 
                                or interim recommendations submitted 
                                for approval; and
                                    ``(II) is given an opportunity to 
                                consult with the State before the State 
                                finalizes the decision on approval of 
                                the plan or recommendations.
                    ``(B) Hearing.--A public hearing shall be held 
                during the public comment period referred to in 
subparagraph (A)(i) if any interested person--
                            ``(i) requests a hearing; and
                            ``(ii) raises significant issues.
            ``(3) Decision.--
                    ``(A) In general.--As soon as practicable after the 
                close of the public comment period, the State shall 
                issue, and provide public notice of, a final decision 
                approving or disapproving, in whole or in part, the 
                plan or interim recommendations.
                    ``(B) Components of decision.--The decision shall--
                            ``(i) describe any necessary conditions of, 
                        or limitations on, an approval or partial 
                        approval;
                            ``(ii)(I) describe the grounds for any 
                        disapproval or partial disapproval; and
                            ``(II) specify changes that are required 
                        before the plan or interim recommendations may 
                        be fully approved;
                            ``(iii) indicate whether the appropriate 
                        Federal agencies have expressly supported, 
                        conditionally supported, or disagreed with any 
                        recommendations applicable to the agencies;
                            ``(iv) take into consideration--
                                    ``(I) the balance and 
                                representation of the membership of the 
                                council at the time of submission; and
                                    ``(II) the views expressed by 
                                council members who do not support 1 or 
                                more of the recommendations;
                            ``(v) respond to all significant comments 
                        received during the public comment process; and
                            ``(vi) prescribe a specific date that is 
                        not later than 30 days after the date of the 
                        decision on which the decision shall be 
                        effective.
            ``(4) Resubmission of plans.--A council may--
                    ``(A) revise a plan or interim recommendation (or a 
                portion of a disapproved plan or interim 
                recommendation) that is disapproved or for which 
                conditions or limitations are prescribed under 
                paragraph (3) in response to the conditions, 
                limitations, or grounds for disapproval; and
                    ``(B) resubmit the plan or interim recommendation 
                for reconsideration in accordance with the requirements 
                of this subsection.
    ``(f) Effect of Plan Approval.--
            ``(1) In general.--
                    ``(A) Conditions and procedures.--After the 
                effective date of any approved plan or interim 
                recommendation, the expenditures, management, planning, 
                and activities described in this subsection shall be 
                subject to the conditions and procedures of this 
                subsection only to the extent that the expenditures, 
                management, planning, or activities take place on or 
                directly affect land or water within the watershed.
                    ``(B) Consent of willing seller.--Nothing in this 
                section requires any person to undertake or refrain 
                from taking any action under any recommendation 
                contained in an approved plan or interim recommendation 
                unless willing written consent is obtained from each 
                person holding a property interest in the land affected 
                by the action.
            ``(2) Implementation expenditures.--
                    ``(A) In general.--Subject to the requirements of 
                this paragraph, projects and measures that support or 
                implement specific recommendations contained in an 
                approved plan or interim recommendation shall be 
                eligible for financial support from fisheries habitat 
                account of the State established under subsection 
                (h)(3)(B).
                    ``(B) Use of funds in state fisheries habitat 
                accounts.--
                            ``(i) Provision of funds.--A State may 
                        provide funds from the fisheries habitat 
                        account of the State to person that enters into 
                        a legally binding contract or other agreement 
                        for implementation of existing or new projects 
                        and measures recommended by a council under an 
                        approved plan or interim recommendation.
                            ``(ii) Permitted uses of funds.--Funds from 
                        a fisheries habitat account of a State may be 
                        provided for any purpose identified in an 
                        approved plan or interim recommendation, 
                        including--
                                    ``(I) the design, construction, 
                                operation, maintenance, or removal of 
                                any structures;
                                    ``(II) the conduct of activities, 
                                such as management practices, that are 
                                not otherwise prohibited by law;
                                    ``(III) the acquisition of land or 
                                easements with the written consent of 
                                each person holding a property interest 
                                in the affected land;
                                    ``(IV) offset payments to local 
                                governments when acquisitions reduce 
                                local tax revenues;
                                    ``(V) the restriction of access to 
                                water by, and related provision of 
                                alternative water supplies for, 
                                livestock; and
                                    ``(VI) payments for the purpose of 
                                funding, in whole or in part, the 
                                increased premiums for crop insurance 
                                made necessary by, and for a period 
                                consistent with, reduced flood 
                                protection caused by projects or 
                                measures recommended under subsection 
                                (d)(4)(E)(i).
                            ``(iii) Prohibited uses of funds.--No funds 
                        may be expended from a fisheries habitat 
                        account of a State for the planning, 
                        engineering, design, or construction of--
                                    ``(I) dams; or
                                    ``(II) roads on public land.
                    ``(C) Limitation on costs.--
                            ``(i) In general.--Each State shall 
                        establish a system of appropriate limits on the 
                        maximum percentage of total costs for a project 
                        or measure that may be provided from the 
                        fisheries habitat account of the State.
                            ``(ii) Reflection of priority rankings.--
                        The system established under clause (i) shall 
                        reflect the priority rankings assigned to 
                        recommendations contained in approved plans and 
                        interim recommendations.
                            ``(iii) Priority sequence.--Each State 
                        shall use the priority ranking system to 
                        establish, and revise annually, a comprehensive 
                        priority sequence for funding the projects and 
                        measures that have been recommended by 
                        councils.
                    ``(D) Expenditures for non-federal share.--
                            ``(i) In general.--If recommended in an 
                        approved plan or interim recommendation, 
                        expenditures from fisheries habitat accounts 
                        may be made for the payment of not to exceed 15 
                        percent of the non-Federal share required under 
                        the programs listed in subparagraph (E).
                            ``(ii) Factors for expenditures.--
                        Expenditures under clause (i) may--
                                    ``(I) be made for programs without 
                                regard to--
                                            ``(aa) otherwise applicable 
                                        limitations under the programs 
                                        on the maximum funding for 
                                        individual projects or 
                                        activities; or
                                            ``(bb) the maximum duration 
                                        of funding; and
                                    ``(II) be used to fund portions of 
                                projects and measures under programs 
                                that may be ineligible for funding due 
                                to size restrictions or other 
                                limitations.
                    ``(E) Programs for which expenditures from 
                fisheries habitat accounts may be made.--Expenditures 
                from a State fisheries habitat account may be made in 
                accordance with subparagraph (D) for--
                            ``(i) the Great Lakes program under section 
                        118;
                            ``(ii) the clean lakes program under 
                        section 314;
                            ``(iii) the national estuary program under 
                        section 320;
                            ``(iv) the farmland protection program 
                        under the Farmland Protection Policy Act (7 
                        U.S.C. 4201 et seq.);
                            ``(v) the Federal aid in wildlife 
                        restoration program under the Act of September 
                        2, 1937 (16 U.S.C. 669 et seq.);
                            ``(vi) the partners for fish and wildlife 
                        habitat restoration program under the Fish and 
                        Wildlife Act of 1956 (16 U.S.C. 742a et seq.) 
                        and the Fish and Wildlife Coordination Act (16 
                        U.S.C. 661 et seq.);
                            ``(vii) the Federal aid in sportfish 
                        restoration program under the Act of August 9, 
                        1950 (16 U.S.C. 777 et seq.);
                            ``(viii) the watershed protection and flood 
                        prevention program under the Watershed 
                        Protection and Flood Prevention Act (16 U.S.C. 
                        1001 et seq.);
                            ``(ix) the forestry incentives program 
                        under section 4 of the Cooperative Forestry 
                        Assistance Act of 1978 (16 U.S.C. 2103);
                            ``(x) the forest stewardship program and 
                        stewardship incentive program under sections 5 
                        and 6 of the Cooperative Forestry Assistance 
                        Act of 1978 (16 U.S.C. 2103a, 2103b);
                            ``(xi) the emergency conservation program 
                        under title IV of the Agricultural Credit Act 
                        of 1978 (16 U.S.C. 2201 et seq.);
                            ``(xii) the wildlife conservation and 
                        appreciation program under the Partnerships for 
                        Wildlife Act (16 U.S.C. 3741 et seq.);
                            ``(xiii) the conservation reserve program 
                        under subchapter B of chapter 1 of subtitle D 
                        of title XII of the Food Security Act of 1985 
                        (16 U.S.C. 3831 et seq.);
                            ``(xiv) the wildlife habitat incentives 
                        program under section 387 of the 
Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 
3836a);
                            ``(xv) the wetlands reserve program under 
                        subchapter C of chapter 1 of subtitle D of 
                        title XII of the Food Security Act of 1985 (16 
                        U.S.C. 3837 et seq.);
                            ``(xvi) the environmental quality 
                        incentives program under chapter 4 of subtitle 
                        D of title XII of the Food Security Act of 1985 
                        (16 U.S.C. 3839aa et seq.);
                            ``(xvii) the North American Wetlands 
                        Conservation Act (16 U.S.C. 4401 et seq.);
                            ``(xviii) the emergency protection program 
                        under section 216 of the Flood Control Act of 
                        1938 (33 U.S.C. 701b-1);
                            ``(xix) the flood hazard mitigation and 
                        riverine restoration program (commonly known as 
                        ``Challenge 21'') under section 212 of the 
                        Water Resources Development Act of 1999 (33 
                        U.S.C. 2332).
                            ``(xx) the upper Mississippi River 
                        environmental management program under section 
                        1103 of the Water Resources Development Act of 
                        1986 (33 U.S.C. 652); and
                            ``(xxi) the Missouri and Mississippi Rivers 
                        enhancement project under section 514 of the 
                        Water Resources Development Act of 1999 (Public 
                        Law 106-53; 113 Stat. 342).
                    ``(F) Flood damage assistance.--
                            ``(i) In general.--If specifically 
                        recommended in the approved plan or interim 
                        recommendation, an expenditure under any 
                        Federal program, the purpose of which is to 
                        provide for flood damage compensation payments 
                        for loss of crops, livestock, or structures, 
                        may be increased, notwithstanding any otherwise 
                        applicable restriction provided by law, with 
                        respect to specifically designated land within 
                        a watershed that is or would be subject to 
                        increased flooding due to projects or measures 
                        recommended under subsection (d)(4)(E)(i).
                            ``(ii) Method of payment.--An expenditure 
                        described in clause (i) may be made--
                                    ``(I) on the incidence of a 
                                compensable loss; or
                                    ``(II) under a binding agreement 
                                providing for future fixed payments 
                                that are subject to such conditions and 
                                limitations as may be necessary or 
                                appropriate to carry out the purposes 
                                of the recommendations of the council.
            ``(3) Federal land.--Each Federal department or agency with 
        jurisdiction to manage Federal land within a watershed shall--
                    ``(A) consider recommendations related to 
                improvements in the management of the land that are 
                contained in approved plans or interim recommendations 
                in all future decisions respecting planning and 
                activities on the land that would significantly impact 
                fisheries habitat and uses; and
                    ``(B) issue and make publicly available a written 
                explanation of the decisions of the Federal department 
                or agency describing the rationale for adopting or 
                departing from the recommendations.
            ``(4) Federal planning and activities.--
                    ``(A) Definition of planning and activities on non-
                federal land affecting water within the watershed.--In 
                this paragraph, the term `planning and activities on 
                non-Federal land affecting water within the watershed' 
                means the planning, design, or conduct of actions that 
                substantially and physically alter structures, land, or 
                water within the 100-year floodplain in a manner that 
                directly and significantly affects fisheries habitat.
                    ``(B) Responsibility for planning and activities.--
                A Federal department or agency, State, or unit of local 
                government that carries out federally-funded planning 
                and activities on non-Federal land that affect water in 
                the watershed shall--
                            ``(i) consider recommendations pertaining 
                        to the planning or activities contained in an 
                        approved plan or interim recommendation; and
                            ``(ii) issue and make publicly available a 
                        written explanation describing the rationale of 
                        the Federal department or agency, State, or 
                        unit of local government for adopting or 
                        departing from the recommendations.
                    ``(C) Maintenance of navigation.--Nothing in this 
                section affects or impairs any authority of the Federal 
                Government to maintain navigation.
            ``(5) Wetland jurisdiction.--
                    ``(A) In general.--The baseline jurisdictional 
                status of any agricultural land on which wetland may be 
                created or expanded as a result of increased flooding 
                or altered drainage under a project or measure funded--
                            ``(i) under subsection (d)(1)(A), shall, on 
                        expiration or termination of the agreement 
                        under which the project or measure was 
                        implemented, revert to the baseline 
                        jurisdictional status; and
                            ``(ii) in whole or in part, under paragraph 
                        (2)(C), shall, to the extent of the creation or 
                        expansion, be governed by--
                                    ``(I) applicable methods and 
                                regulations of the applicable program 
                                listed in paragraph (2)(D) that are 
in existence as of the date of approval of the funding; and
                                    ``(II) any regulations promulgated 
                                under section 404 that are in existence 
                                as of the date of approval of the 
                                funding.
                    ``(B) Discharges.--The discharges from any wetland 
                that are created or expanded for agricultural pollution 
                control purposes under recommendations contained in an 
                approved plan or interim recommendation shall not be 
                required to be approved by a permit under sections 301 
                and 402 if pollutants entering the wetland result only 
                from normal agricultural practices such as crop 
                production and raising of livestock.
    ``(g) Community Fisheries Habitat Revitalization Program.--
            ``(1) In general.--The Secretary of the Interior, acting 
        through the Director of the United States Fish and Wildlife 
        Service, shall establish a community fisheries habitat 
        revitalization program in accordance with this subsection.
            ``(2) Funding and technical assistance.--The Secretary of 
        the Interior, under the revitalization program established 
        under paragraph (1), shall provide funding and technical 
        assistance to each State fish and wildlife agency for 
        development and construction of revitalization projects 
        designed to improve urban watersheds and public access to the 
        water of urban watersheds--
                    ``(A) to restore fisheries habitat or enhance 
                fisheries uses; and
                    ``(B) to provide recreational opportunities.
            ``(3) Guidance.--In cooperation with the State fish and 
        wildlife agencies, the Secretary of the Interior shall issue 
        such guidance as is necessary to provide for the planning and 
        implementation of the revitalization program.
            ``(4) Eligible revitalization projects.--In accordance with 
        the guidance issued under paragraph (3), each State fish and 
        wildlife agency may provide funding and technical assistance to 
        a project sponsor, as described under paragraph (5), for any 
        revitalization project designed to restore or enhance urban 
        watersheds or waterways to achieve 1 or more of the following 
        objectives:
                    ``(A) Watershed restoration and protection.
                    ``(B) Creation of floodplain riparian zones.
                    ``(C) Restoration or creation of wetland.
                    ``(D) Stormwater management or treatment.
                    ``(E) Removal of barriers to fish passage.
                    ``(F) Reestablishment of stream channel 
                environments.
                    ``(G) Creation or enhancement of recreational 
                fishing opportunities.
                    ``(H) Support for the formation and activities of 
                local organizations to plan and implement restoration 
                or enhancement projects.
            ``(5) Revitalization sponsors and cosponsors.--
                    ``(A) In general.--Each revitalization project for 
                which funding or technical assistance is provided by a 
                State fish and wildlife agency under the revitalization 
                program shall have a project sponsor.
                    ``(B) Types of sponsors.--A revitalization project 
                sponsor may be any person or entity that is authorized 
                to receive, account for, and administer funding and to 
                execute such other responsibilities as the Secretary of 
                the Interior may prescribe for grant agreements between 
                the State agency and project sponsor under the 
                revitalization program located in the revitalization 
                project area, including--
                            ``(i) a nonprofit organization;
                            ``(ii) a State, tribal, or local unit of 
                        government;
                            ``(iii) an agency; or
                            ``(iv) a district.
            ``(6) Revitalization project areas and locations.--
                    ``(A) In general.--A revitalization project may be 
                eligible for funding or assistance under this 
                subsection if the revitalization project is carried out 
                on--
                            ``(i) any Federal, State, county, 
                        municipal, or tribal land; or
                            ``(ii) private land owned by the 
                        revitalization project sponsor or a cosponsor.
                    ``(B) Urban watershed location.--A revitalization 
                project that receives funding or assistance under this 
                program shall be located within the boundaries of an 
                urban watershed.
            ``(7) Program priorities.--Each State fish and wildlife 
        agency shall give priority to funding and providing technical 
        assistance for revitalization projects--
                    ``(A) for which support and participation by local 
                citizens, governmental entities, and other affected 
                interests has been demonstrated;
                    ``(B) that are located in or directly benefiting 
                low income or economically depressed areas;
                    ``(C) that are designed to provide significant 
                improvement in fisheries habitat and other ecological 
                values and functions in the watershed;
                    ``(D) that will integrate local communities, 
                schools, and for-profit and nonprofit organizations in 
                efforts--
                            ``(i) to restore or enhance community 
                        fisheries or water quality; and
                            ``(ii) to provide education and training 
                        opportunities in connection with those efforts; 
                        or
                    ``(E) that will contribute to the improvement or 
                creation of local business related to the access to, 
                and recreational use of, urban watersheds.
            ``(8) Grant application, approval, and program 
        implementation.--The Secretary of the Interior shall ensure, to 
        the maximum extent practicable, that each State fish and 
        wildlife agency to which funding is provided under this 
        subsection has the capability to efficiently and effectively 
administer a revitalization program, including the capability--
                    ``(A) to furnish application procedures, 
                eligibility criteria, and other necessary information 
                to prospective project sponsors;
                    ``(B) to simplify or streamline contracting 
                processes for grants not exceeding $100,000; and
                    ``(C) to assemble an interdisciplinary team with 
                expertise in hydrology, ecology, biology, recreation, 
                agriculture, or such other disciplines as are necessary 
                to review applications and recommend grant awards.
            ``(9) Federal support and reporting.--
                    ``(A) Compilation of information.--The Secretary of 
                the Interior shall--
                            ``(i) compile information received from 
                        State fish and wildlife agencies, based on 
                        annual reports to be provided by revitalization 
                        project sponsors; and
                            ``(ii) not later than January 1 of each 
                        year, submit to appropriate committees of the 
                        Congress a comprehensive report describing--
                                    ``(I) the implementation of the 
                                revitalization program; and
                                    ``(II) any recommendations for any 
                                necessary improvements or changes to 
                                revitalization program.
                    ``(B) Establishment of community fisheries habitat 
                clearinghouse.--Not later than 12 months after the date 
                of enactment of this section, to support local 
                implementation of revitalization projects under the 
                revitalization program, the Secretary of the Interior 
                shall establish a community fisheries habitat 
                clearinghouse to develop and maintain--
                            ``(i) a comprehensive and electronically 
                        accessible database, including a library of 
                        urban watershed restoration materials such as 
                        publications, periodicals, technical 
                        references, and videotaped information; and
                            ``(ii) a listing of grassroots 
                        organizations, State, Federal, and tribal 
                        agencies, and nonprofit organizations involved 
                        in urban watershed restoration activities.
                    ``(C) Location of database.--The location of the 
                database shall be selected by the Secretary of the 
                Interior after considering applications received from 
                interested parties solicited through public notice.
            ``(10) Conditions and limitations on funding.--The 
        Secretary of the Interior shall establish appropriate 
        conditions and limitations applicable to funding provided under 
        the revitalization program, including--
                    ``(A) a requirement that the Federal share of the 
                cost for implementing each revitalization project shall 
                not exceed--
                            ``(i) 70 percent of the cost of the 
                        revitalization project in any fiscal year; and
                            ``(ii) a total of $500,000;
                    ``(B) a requirement that not more than 10 percent 
                of the Federal share of the cost of a revitalization 
                project provided in any fiscal year may be used for 
                administrative expenses; and
                    ``(C) a provision that permits that the non-Federal 
                share of the cost of a revitalization project--
                            ``(i) to consist, in whole or in part, of 
                        in-kind services provided by project 
                        participants; and
                            ``(ii) to be waived in the case of any 
                        revitalization project carried out in an 
                        economically depressed community with a 
                        population of 50,000 or less.
            ``(11) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of the Interior, 
        to carry out the revitalization program, such sums as are 
        necessary for each of fiscal years 2002 through 2006, to remain 
        available until expended.
    ``(h) Federal Support.--
            ``(1) Technical support and reporting.--
                    ``(A) Information and guidelines.--Not later than 
                90 days after the date of enactment of this section, 
                the Secretary shall issue--
                            ``(i) information and guidelines on the 
                        minimum content of State programs to be 
                        approved under subsection (b);
                            ``(ii) information and guidelines on the 
                        capabilities and purposes that should be 
                        demonstrated by councils under subsection 
                        (c)(2); and
                            ``(iii) compilations of information, such 
                        as bibliographies, manuals, summaries, or other 
                        appropriate means of organizing and 
                        disseminating information, that pertain to each 
                        of the planning elements specified under 
                        subsection (d)(4).
                    ``(B) Guidance.--The Secretary shall issue guidance 
                to the States setting forth minimum requirements for 
                applications to receive program grants under paragraph 
                (3)(A).
                    ``(C) Progress reports.--For purposes of evaluating 
                the progress of State and tribal programs approved 
                under this section, the Secretary shall--
                            ``(i) assemble and review all reports on 
                        monitoring activities carried out under council 
                        recommendations; and
                            ``(ii) publish a report at least biennially 
                        describing--
                                    ``(I) the progress and 
                                accomplishments of the programs; and
                                    ``(II) any recommendations for 
                                improvements in the design or 
                                implementation of the programs.
                    ``(D) Report on state of fisheries habitats.--The 
                Secretary of the Interior shall--
                            ``(i) review the reports prepared by the 
                        Secretary under the subparagraph (C), together 
                        with any other information or data the 
                        Secretary of the Interior develops or 
                        determines to be necessary; and
                            ``(ii) publish a report at least biennially 
                        describing--
                                    ``(I) the state of the fishery 
                                habitats of the United States; and
                                    ``(II) the overall progress being 
                                achieved in protecting and restoring 
                                the habitats.
            ``(2) Fisheries-related information indicators and habitat 
        characteristics.--
                    ``(A) In general.--The Secretary of the Interior, 
                in cooperation with State fish and wildlife agencies, 
                shall compile and provide scientific information for 
                consideration by--
                            ``(i) agencies in developing fisheries-
                        related indicators and associated habitat 
                        characteristics, as described in this 
                        paragraph; and
                            ``(ii) councils in characterizing water and 
                        establishing watershed objectives under 
                        subsection (c).
                    ``(B) Content of criteria.--A State fish and 
                wildlife agency may establish fisheries-related 
                indicators to describe the appropriate factors, 
                indicators, measurements, and other considerations 
                that, independently or in combination--
                            ``(i) shall be indicative of a healthy, 
                        resilient, diverse, and productive aquatic 
                        system, as described in subparagraph (C); and
                            ``(ii) may distinguish among general 
                        categories of fisheries based on natural 
                        variations, such as--
                                    ``(I) water temperature and 
                                chemistry;
                                    ``(II) flow regime;
                                    ``(III) biotic factors;
                                    ``(IV) habitat structure and 
                                composition; and
                                    ``(V) any other relevant and 
                                appropriate considerations.
                    ``(C) Habitat characteristics.--With respect to 
                each general category of fisheries for which criteria 
                are established under this paragraph, a State fish and 
                wildlife agency shall, to the maximum extent 
                practicable, set forth those habitat characteristics 
                that are determined to be necessary or desirable for a 
                healthy, resilient, diverse, and productive aquatic 
                system, together with a description of the most 
                significant factors (including water quality and 
                quantity), that can cause adverse impacts on or threats 
                to those characteristics.
            ``(3) Funding.--
                    ``(A) Grants for operation of state programs.--
                            ``(i) In general.--The Secretary shall make 
                        grants to any State with a program approved 
                        under subsection (b) for payment of the 
                        reasonable costs of carrying out the 
                        responsibilities described in paragraph (2).
                            ``(ii) Percent of funding for activities of 
                        councils.--Not less than 90 percent of the 
                        amount of a grant made under this paragraph 
                        shall be reserved for supporting the 
                        implementation of approved activities of 
                        councils.
                            ``(iii) Memorandum of understanding.--As a 
                        condition of receiving a grant under clause 
                        (i), a State shall enter into a memorandum of 
                        understanding with the Secretary that describes 
                        the objectives and funding priorities for the 
                        program, including conditions that require--
                                    ``(I) the State to carry out 
                                specific activities to promote the 
                                formation of councils through 
                                education, outreach, and the provision 
                                of funding for organizational and 
                                planning efforts to develop requests 
                                for designation; and
                                    ``(II) the State or regional 
                                commission to provide a substantial 
                                portion of the funds available for 
                                watershed planning to councils 
                                associated with high priority 
                                watersheds.
                            ``(iv) Limitation on administrative 
                        expenses.--Not more than 10 percent of the 
                        amount of any grant made by a State to a 
                        council from funds awarded under clause (i) may 
                        be used to pay the administrative expenses or 
                        overhead in connection with the activities of 
                        the council.
                            ``(v) Authorization of appropriations.--
                        There are authorized to be appropriated to the 
                        Secretary to carry out this paragraph such sums 
                        as are necessary for each of fiscal years 2002 
                        through 2006, to remain available until 
                        expended.
                    ``(B) Fisheries habitat accounts for implementation 
                support.--
                            ``(i) Establishment.--Each State with a 
                        program approved under subsection (b) shall 
                        establish a fisheries habitat account to 
                        provide financial support for the 
                        implementation of projects and measures 
                        recommended by councils under approved plans 
                        and interim recommendations.
                            ``(ii) Transfers.--
                                    ``(I) In general.--Each State with 
                                a program approved under this section 
                                may reserve and transfer into the 
                                fisheries habitat account of the State 
                                established under clause (i), in 
                                accordance with section 319, an amount 
                                not to exceed 20 percent of the funds 
                                received for fiscal year 2001 and each 
                                fiscal year thereafter.
                                    ``(II) Availability.--Amounts 
                                transferred under subclause (I) shall 
                                remain available until expended.
                            ``(iii) Authorization of appropriations.--
                                    ``(I) Funding for restricting 
                                livestock access to water within a 
                                designated watershed.--
                                            ``(aa) In general.--There 
                                        is authorized to be 
                                        appropriated to the Secretary 
                                        not to exceed $25,000,000 for 
                                        fiscal year 2002 and each 
                                        fiscal year thereafter to make 
                                        grants to States with programs 
                                        approved under subsection (b), 
                                        to remain available until 
                                        expended.
                                            ``(bb) Use of funds.--Funds 
                                        made available under item (aa) 
                                        shall be used by States with 
                                        programs approved under 
                                        subsection (b) to provide funds 
                                        to any person, through an 
                                        account within the fisheries 
                                        habitat account of the State, 
                                        for implementation of any 
                                        appropriate measures 
                                        recommended in an approved plan 
                                        or interim recommendation for 
                                        restricting livestock access to 
                                        water within a designated 
                                        watershed and for providing 
                                        alternative water supplied for 
                                        the livestock.
                                    ``(II) Authorized funding for 
                                implementation of approved 
                                recommendations.--There is authorized 
                                to be appropriated to the Secretary not 
                                to exceed $250,000,000 for each of 
                                fiscal years 2002 through 2006 for the 
                                purpose of making grants to States with 
                                programs approved under subsection (b), 
                                to remain available until expended, to 
                                enable a State to provide funds to any 
                                person, through the fisheries habitat 
                                account of the State, for 
                                implementation of approved 
                                recommendations under subsection 
                                (e)(2).
                            ``(iv) Allocations of Amounts.--Amounts 
                        appropriated under clause (iv) shall be 
                        allocated among States with programs approved 
                        under subsection (b), giving priority 
                        consideration to States that exceed other 
                        States in the following categories:
                                    ``(I) The amount of hydroelectric 
                                instream use (millions of gallons per 
                                day) in the State in the previous 
                                calendar year, as identified by the 
                                United States Geological Service.
                                    ``(II) The total number of fishing 
                                and migratory bird hunting licenses, 
                                tags, permits, and stamps sold by the 
                                State in the previous calendar year.
                                    ``(III) The degree of degraded 
                                water in the State.
                                    ``(IV) The number of river miles 
                                and lake acres in the State.
                            ``(v) Annual survey.--The Secretary shall 
                        provide to the Committees on Appropriations and 
                        the appropriate authorizing committees of the 
                        House of Representatives and the Senate an 
                        annual survey of projected funding needs 
                        identified for each State with a program 
                        approved under subsection (b).
                    ``(C) Authorizations of appropriation for federal 
                programs.--
                            ``(i) In general.--There are authorized to 
                        be appropriated to the Secretary such sums as 
                        are necessary for the administration and 
                        implementation of this section, to remain 
                        available until expended.
                            ``(ii) Responsibilities of the secretary of 
                        the interior.--There are authorized to be 
                        appropriated to the Secretary of the Interior 
                        such sums as are necessary for the 
                        administration and implementation of this 
                        section, to remain available until expended.
                            ``(iii) Responsibilities of the 
                        administrator.--There are authorized to be 
                        appropriated to the Administrator such sums as 
                        are necessary for the administration and 
                        implementation of this section, to remain 
                        available until expended.
            ``(4) Planning and recommendations for major waterways.--
                    ``(A) In general.--The Secretary of the Interior, 
                acting through the United States Fish and Wildlife 
                Service, and the Geological Survey and in consultation 
                with the Secretaries of Agriculture, Commerce, and 
                Energy, the Director of the Federal Emergency 
                Management Agency, appropriate State fish and wildlife 
                agencies, river basin commissions, and Indian tribes, 
                shall establish and carry out a national planning 
                program for protection and restoration of fisheries 
                habitat through improved floodplain management 
                practices on major waterways.
                    ``(B) Identification of waterways segments.--Under 
                the national planning program established under 
                subparagraph (A), the Secretary of the Interior shall 
                identify discrete segments of major waterways for 
                which--
                            ``(i) a council has not been designated 
                        under subsection (c); and
                            ``(ii) in the opinion of Secretary of the 
                        Interior, there is a high likelihood that 
                        significant progress can be achieved through 
                        the implementation of measures identified in 
                        subsection (d)(4)(E)(i) toward the protection 
                        or restoration of habitat for fisheries that 
                        exhibit substantial present or future 
                        biological, commercial, or recreational value.
                    ``(C) Recommendations for highest priority 
                segments.--
                            ``(i) In general.--With respect to each of 
                        the highest priority segments identified by the 
                        Secretary of the Interior under subparagraph 
                        (B) that is subject to 1 or more State programs 
                        that addresses major waterways under subsection 
                        (b)(3)(I), the Secretary of the Interior, after 
                        providing notice and the opportunity for 
                        comment, shall issue recommendations to the 
                        appropriate State or States for consideration 
                        of alternative floodplain management measures 
                        of the types identified in subsection 
                        (d)(4)(E)(i) to improve fisheries habitat 
                        conditions in the identified segment or in 
                        downstream segments.
                            ``(ii) State action.--A State shall 
                        consider recommendations of the Secretary of 
                        the Interior under clause (i) in accordance 
                        with subsection (e).
                    ``(D) Applicability of requirements.--Subsection 
                (f), including the requirement that approved 
                recommendations may be carried out only with the 
                willing consent of persons holding a property interest 
                in affected land, shall apply to any recommendations--
                            ``(i) issued by the Secretary of the 
                        Interior; and
                            ``(ii) approved under subsection (d).
    ``(i) Instream Flows and Water Quality.--
            ``(1) Water quality information.--Not later than 1 year 
        after the date of enactment of this section, the Secretary of 
        the Interior, in consultation with the State fish and wildlife 
        agencies, shall issue information describing methodologies for 
        identifying instream flows that are necessary to protect 
        fisheries habitat.
            ``(2) Instream flow and water volume designations and 
        recommendations.--
                    ``(A) In general.--Any State, whether or not the 
                State has an approved program under this section, may 
                designate fisheries uses for water within the 
                jurisdiction of the State, together with instream flows 
                or water volumes, that are necessary to support the 
                uses.
                    ``(B) Recommendations by council.--Any council 
                designated under this section may include 
                recommendations in a plan for fisheries objectives 
                pertaining to water within the designated watershed, 
                together with instream flows or volumes that are 
                necessary to support the objectives.
            ``(3) Information exchange/technical assistance.--The 
        Secretary of the Interior, acting through the Director of the 
        United States Geological Survey and the Director of the United 
        States Fish and Wildlife Service, shall provide technical 
        assistance and prepare and disseminate technical information on 
        the fisheries-related needs for instream flows to--
                    ``(A) councils designated under this section;
                    ``(B) others involved in land and water management; 
                and
                    ``(C) the general public.
            ``(4) Expenditures.--To support the maintenance of instream 
        flows or volumes designated or recommended under paragraph (2), 
        the Secretary of the Interior, acting through the Director of 
        the United States Geological Survey and the Director of the 
        United States Fish and Wildlife Service, and in cooperation 
        with the Secretary and the Administrator, as appropriate, may 
        provide funds to States, from such appropriations as may be 
        made under the authorization provided under this subsection, 
        for expenditures--
                    ``(A) to obtain, under State law, an interest in 
                instream water flows, including the purchase of a water 
                right or lease of a water right;
                    ``(B) to obtain and manage, under State law, an 
                interest in land as a means of exercising an associated 
                interest in water for the purpose of augmenting 
                instream flows;
                    ``(C) to pay the cost, or any portion of the cost, 
                of making improvements to water control structures, 
                such as dams, in return for obtaining, under State law, 
                an interest in water for the purpose of augmenting 
                instream flows;
                    ``(D) to pay the cost, or any portion of the cost, 
                of constructing, maintaining, repairing, or 
                implementing water conservation measures, such as 
                improved irrigation equipment and practices and water 
                conveyance structures, in return for obtaining--
                            ``(i) under State law, an interest in water 
                        or a right to place conditions on the use of 
                        water; or
                            ``(ii) an interest in water for the purpose 
                        of augmenting instream flows; and
                    ``(E) to obtain, under State law, an interest in 
                reservoir storage rights and the right to release water 
                from storage to maintain instream flows.
            ``(5) Treatment of rights obtained.--Any right or interest 
        obtained under State law in connection with an expenditure made 
        under this paragraph shall be held by the appropriate State 
        agency or private entity or individual (as permitted under 
        State law)--
                    ``(A) for its intended purpose in perpetuity with 
                respect to the purchase of a water right; or
                    ``(B) for the full term of the lease or other 
                contractual instrument with respect to any partial 
                interest in a water right.
            ``(6) Authorization; conditions on expenditures.--The 
        following conditions shall apply to any expenditures made under 
        paragraph (4):
                    ``(A) Maintenance of instream flows or volumes.--An 
                expenditures shall result in, or make a substantial 
                contribution to, the maintenance of instream flows or 
                volumes that are necessary to support the associated 
                fisheries objectives or uses designated under paragraph 
                (2).
                    ``(B) Consent from willing seller.--Any right or 
                interest in water acquired or otherwise obtained under 
                State law in connection with an expenditure shall be so 
                acquired or otherwise obtained only with the written 
                consent of a willing seller of the right or interest.
                    ``(C) Management of funds.--The Secretary of the 
                Interior shall manage the funds appropriated under this 
                subsection so as to place the highest priority on 
                expenditures to support the recommendations pertaining 
                to instream flows or volumes contained in plans 
                approved under subsection (e).
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of the Interior to carry 
        out this subsection $50,000,000 for each of fiscal years 2002 
        through 2006, to remain available until expended.
            ``(8) Relationship to state authority.--Nothing in this 
        section supersedes, abrogates, or otherwise impairs the 
        authority of a State--
                    ``(A) to allocate quantities of water within the 
                jurisdiction of the State; or
                    ``(B) except as provided by paragraph (4), to 
                authorize the transfer of rights to quantities of water 
                that have been established by any State.''.
    (b) Inclusion of Indian Tribes.--Section 518(e) of the Federal 
Water Pollution Control Act (33 U.S.C. 1377(e)) is amended by inserting 
``321,'' after ``319,''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 319 of the Federal Water Pollution Control Act (33 U.S.C. 
1329) is amended by striking subsection (j) and inserting the 
following:
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsections (h) and (i) and section 321 such 
sums as are necessary for each of fiscal years 2002 through 2006, to 
remain available until expended.''.
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