[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 325 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 325

To amend the Federal Water Pollution Control Act to establish a program 
for fisheries habitat protection, restoration, and enhancement, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2001

  Mr. Tanner (for himself, Mr. Blunt, Mr. John, Mr. Abercrombie, Mr. 
   Saxton, Mr. Dingell, Mr. Stenholm, Mr. Pallone, Mr. English, Mr. 
  Boehlert, Mr. Boyd, and Mr. Clement) introduced the following bill; 
       which was referred to the Committee on Transportation and 
 Infrastructure, and in addition to the Committee on Resources, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 2001''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Congress finds the following:
            (1) The extensive and diverse fishery resources of the 
        United States are of enormous recreational and economic benefit 
        to the Nation, providing employment, subsistence, tourism, and 
        wholesome, family-oriented recreational opportunities for 
        millions of people and contributing billions of dollars to the 
        Nation's economy. It is in the best interest of the Nation to 
        secure these benefits by protecting and restoring healthy fish 
        populations in our inland and coastal aquatic environment and 
        by enhancing fishing opportunities. Sufficient water of good 
        quality is among the most significant requirements for 
        sustaining and restoring the productivity of fisheries in the 
        Nation's watersheds and coastal areas.
            (2) Despite the success of federally funded fish and 
        wildlife restoration programs in restoring fish and wildlife 
        across the Nation and the success of the Federal Water 
        Pollution Control Act in improving water quality in the 
        Nation's surface waters, the national goal of providing for the 
        protection and propagation of fish, shellfish, and wildlife has 
        not been fully realized. This important goal can be 
        significantly advanced through a renewed commitment and 
        sustained effort, complementary to fish and wildlife 
        restoration programs and clean water programs, to protect and 
        restore freshwater and marine fisheries habitat and to enhance 
        access for fisheries uses for present and future generations. 
        Loss of aquatic and riparian habitat through activities such as 
        physical alteration of watercourses, stream blockages, erosion 
        and sedimentation, destruction or modification of wetlands, and 
        other physical impacts have caused significant declines in fish 
        populations throughout the Nation.
            (3) Urban communities are disproportionately affected by 
        aquatic habitat loss, loss of species diversity, invasion of 
        exotic species, and lack of public access to waterways and 
        fishing opportunities.
            (4) The Nation can achieve significant progress toward 
        providing for the protection and propagation of fish, 
        shellfish, and wildlife through a voluntary, non-regulatory, 
        incentive-based program based on Federal technical and 
        financial assistance, coupled with planning and implementation 
        on a watershed basis by local, regional, State, and tribal 
        organizations. The program should be designed and carried out 
        to characterize aquatic habitats in terms of their suitability 
        for fisheries, to review and supplement existing fisheries 
        objectives or establish new objectives, to identify the factors 
        and activities causing adverse impacts or threats to fisheries 
        habitats and uses, and to define and implement site-specific 
        projects and measures, with the willing consent of affected 
        landowners, necessary for the protection and restoration of 
        fisheries habitat and enhancement of access. Flexibility and 
        innovation that lead to improved habitat and sustained fish 
        production, together with a special emphasis on identifying and 
        prioritizing program efforts for urban and other high priority 
        watersheds, will be necessary for achieving the necessary 
        progress on an equitable, cost-effective basis.
    (b) Policy.--Subsection 101(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1251(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) it is the national policy to achieve the protection 
        and restoration of sustained fish production and fisheries 
        habitat in the Nation's watersheds and marine environment and 
        the enhancement of access for fisheries uses through a 
        combination of voluntary watershed planning and incentives for 
        the 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. 1311-1330) is amended by adding at the end the 
following:

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

    ``(a) State Programs.--
            ``(1) In general.--
                    ``(A) Establishment.--In order to be eligible for 
                assistance under this section, a State shall establish 
                a program for the protection and restoration of fresh 
                water, estuarine, and marine fisheries habitat and for 
                the enhancement of access for fisheries uses through 
                watershed planning and the implementation of projects, 
                activities, and measures that meet the requirements of 
                this section.
                    ``(B) Limitation on statutory construction.--
                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 the several States to 
                        manage, control, and regulate fish and resident 
                        wildlife and their habitat under State laws and 
                        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 any such 
                        provision; or
                            ``(iv) authorizes any watershed council, 
                        State, or Indian tribe to recommend or approve 
                        the imposition of any new or more stringent 
                        regulatory or compliance obligations pursuant 
                        to any provision of this Act (including any 
                        requirement under a program established under 
                        this Act).
            ``(2) Minimum requirements.--The Secretary may approve a 
        State program submitted under paragraph (3) only if the 
        Secretary determines that the State has the following 
        authorities required for implementation of the program:
                    ``(A) To establish an advisory review board, 
                committee, or other advisory body, or expand the 
                authority and duties of any existing body, to provide 
                recommendations with respect to each decision taken 
                under the program. The membership of the advisory 
                review board shall be fairly balanced in terms of the 
                points of view represented and the functions to be 
                performed and shall be representative of interests 
                affected by activities carried out under the program, 
                including tribal, private, public, governmental, and 
                nonprofit interests. The membership of the advisory 
                review board shall include one or more members who 
                represent the interests of designated watershed 
                councils.
                    ``(B) To designate, and terminate the designation 
                of watershed councils and associated watersheds within 
                the State to be addressed through the program. In 
                designating a watershed, the State shall determine, 
                based on a review of the best available scientific 
                information conducted in cooperation with appropriate 
                State fish and wildlife agencies, whether the watershed 
                shall be considered a high priority watershed.
                    ``(C) To solicit, encourage, and facilitate the 
                formation of watershed councils for high priority 
                watersheds and support the formation of watershed 
                councils voluntarily proposed in other watersheds.
                    ``(D) To develop, in cooperation with appropriate 
                State fish and wildlife agencies and the State 
                technical committee, and provide to designated 
                watershed councils, a uniform system for assigning 
                priority rankings to recommended projects and measures 
                contained in plans submitted for review under the 
                program. Priority ranking systems shall be based 
                primarily on the likelihood that such recommendations 
                would achieve significant progress toward protection or 
                restoration of habitat or enhancement of uses for 
                important (or potentially important) recreational and 
                subsistence fisheries.
                    ``(E) To review, in cooperation with appropriate 
                State fish and wildlife agencies, and issue decisions 
                with respect to all fisheries habitat protection, 
                restoration, and enhancement plans and all interim 
                recommendations developed, revised, or updated by 
                designated watershed councils and to provide for 
                judicial review of such decisions under State law. 
                Nothing in this paragraph authorizes the Secretary to 
                require any particular form of judicial review, 
                standard of review, or standing requirements to obtain 
                judicial review.
                    ``(F) To receive and administer funds provided and 
                reserved pursuant to this section, and administer a 
                fisheries habitat account for the purpose of providing 
                funds for implementation of watershed council 
                recommendations.
                    ``(G) To coordinate, through the appropriate State 
                fish and wildlife agency, with the watershed planning 
                programs of other States wherever necessary for the 
                development of complementary approaches to the 
                protection and restoration of fisheries habitat and the 
                enhancement of access for uses in watersheds in common 
                with such States.
                    ``(H) To provide annually to the Secretary, the 
                Administrator, and the Secretary of the Interior, and 
                make available publicly within each designated 
                watershed, a report on the progress achieved, funds 
                expended, and monitoring results obtained by watershed 
                councils under the program, as well as on the State's 
                plans and objectives for future activities under the 
                program.
                    ``(I) To transmit to affected and interested 
                departments and agencies of the Federal Government all 
                recommendations contained in approved plans and interim 
                recommendations pertaining to the activities or lands 
                under the jurisdiction of such departments and 
                agencies.
                    ``(J) If the State elects to consider planning for 
                major waterway segments under the program, to review 
                and issue decisions accepting or rejecting such 
                recommendations as may be provided by the Secretary of 
                the Interior pursuant to subsection (g)(4).
            ``(3) Approval.--A State, in cooperation with and, wherever 
        applicable, through the authority of the State fish and 
        wildlife agency or regional fisheries commission, may submit to 
        the Secretary for approval a program described in subsection 
        (a)(1). The Secretary shall approve the program if the 
        Secretary finds, after public notice and opportunity for public 
        comment, and after consideration of comments provided by the 
        Secretary of the Interior and the Administrator, that--
                    ``(A) the program satisfies the requirements of 
                paragraph (2); and
                    ``(B) the State has the capability to implement 
                such requirements.
            ``(4) Grants for implementation.--Upon approval of a 
        program submitted by a State under this subsection--
                    ``(A) the Secretary may make grants to the State 
                for administration of the program, as provided by 
                subsection (g)(3)(A); and
                    ``(B) the Secretary may enter into a memorandum of 
                understanding with the State, as provided by subsection 
                (g)(3)(A), under which the State may make grants to 
                designated watershed councils for development of plans 
                and interim recommendations under subsection (c).
    ``(b) Watershed Councils.--
            ``(1) In general.--A State, pursuant to a program approved 
        under subsection (a), may designate 1 or more watershed 
        councils to carry out the planning functions identified in 
        subsection (c). The State shall also designate and describe the 
        watershed for which the council shall have planning 
responsibilities.
            ``(2) Capabilities and purposes of councils.--A watershed 
        council shall be eligible for designation under an approved 
        State program if the council meets the following conditions:
                    ``(A) The council is a voluntary organization 
                possessing no direct or indirect regulatory authority, 
                convened by a State, 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, resource 
                conservation district, or irrigation district, or by 
                any combination of such governing bodies.
                    ``(B) The council's membership is fairly balanced 
                in terms of the points of view represented and the 
                functions to be performed and is representative of 
                interests within the watershed, including tribal, 
                private, public, governmental, and nonprofit interests, 
                as well as existing special purpose districts, as 
                appropriate, that may be affected by the activities of 
                the council.
                    ``(C) The council has a specific charter, to be 
                approved by the State upon designation, that commits 
                the council to achieving the objectives of this section 
                in a timely manner.
                    ``(D) The council has available to it, through its 
                members, through cooperation with the State fish and 
                wildlife agency and the State technical committee, or 
                through identified advisory groups, institutions, or 
                individuals, the expertise necessary to perform the 
                functions identified in this section in a timely 
                manner.
                    ``(E) The council has adopted procedures to ensure 
                public participation in the council's activities.
                    ``(F) The council has authority, through an 
                agreement with the council's member agencies (including 
                conservation districts and resource conservation 
                districts), to ensure proper administration of and 
                accounting for grant funds provided under this section, 
                as well as other public or private funds.
            ``(3) Other considerations.--
                    ``(A) Watersheds located in more than 1 state.--Two 
                or more States may jointly designate a watershed 
                council to carry out planning functions for any 
                watershed, the lands and waters of which lie within 
                more than 1 jurisdiction, and may choose to facilitate 
                such a program through an appropriate regional 
                fisheries commission.
                    ``(B) Preference for existing councils.--In 
                designating watershed councils under this subsection, 
                the State shall give preference to existing watershed 
                councils or similar bodies organized under other 
                authorities for purposes similar to the purposes of 
                this section, and to existing local and regional 
                resource planning organizations, if such councils or 
                organizations, or portions thereof, substantially 
                satisfy the requirements of paragraph (2).
            ``(4) Application and designation process.--
                    ``(A) Applications.--An organization meeting the 
                requirements of paragraph (2) may apply for designation 
                as a watershed council by submitting a description of 
                its capabilities and purposes, together with its 
                proposed charter and a description of the relevant 
                watershed, to the State whose program has been approved 
                pursuant to subsection (a).
                    ``(B) Designations.--The State shall--
                            ``(i) review and evaluate the adequacy of 
                        the descriptions together with any supplemental 
                        information that may be required and, if 
                        determined complete by the State, publish the 
                        description for public comment; and
                            ``(ii) within a reasonable time after the 
                        close of the public comment period, issue a 
                        decision, under State law, together with a 
                        response to significant public comments, either 
                        designating the watershed council and the 
                        watershed, with or without conditions, or 
                        denying the application.
                    ``(C) Effect of designations.--Upon the designation 
                of a watershed council and associated watershed, the 
                council shall be eligible to receive funding to carry 
                out its planning functions, as provided in subsection 
                (g). A designated watershed council shall remain 
                eligible to receive funding and to have its plan or 
                revisions thereto considered for approval, as provided 
                by this section, so long as it continues to serve the 
                purposes of its charter, as determined by the State.
    ``(c) Watershed Planning Process.--
            ``(1) Comprehensive plans.--A designated watershed council 
        shall develop a comprehensive fisheries habitat protection, 
        restoration, and enhancement plan for submission to the State 
        that, at a minimum, meets the requirements of paragraph (4). 
        The designated watershed council shall consider the views of 
        the appropriate State fish and wildlife agency in order to 
        ensure that the comprehensive plan will complement the 
        implementation of existing fisheries-related plans developed 
        pursuant to other laws or requirements. The designated 
        watershed council shall consult with the State technical 
        committee, the State department of agriculture, and other 
        appropriate organizations with relevant expertise in order to 
        ensure that the comprehensive plan will complement the 
        implementation of existing plans developed by State technical 
        committees and reflect a thorough evaluation of the effect of 
        the council's recommendations on existing land use activities, 
        including agricultural uses.
            ``(2) Interim recommendations.--In addition to developing a 
        comprehensive plan, a designated watershed 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 
waters within the watershed. The interim recommendations shall conform 
to the requirements of paragraph (4)(D), shall be reviewed in 
accordance with subsection (d), and shall have the same effect as 
recommendations contained in approved plans, as provided by subsection 
(e).
            ``(3) Data collection and expertise.--A designated 
        watershed council--
                    ``(A) shall collect and consider the best available 
                scientific information;
                    ``(B) may develop such additional data and 
                information as may be necessary or desirable; and
                    ``(C) shall consult with the appropriate State fish 
                and wildlife agency, the State technical committee, the 
                State water quality agency, and such other experts, 
                including relevant Federal land and resource management 
                agencies, as may be necessary to carry out the 
                comprehensive planning process described in paragraph 
                (4).
            ``(4) Planning elements.--A comprehensive plan developed 
        and submitted for approval pursuant to this section shall 
        include a discussion of each of the following planning 
        elements:
                    ``(A) Characterization of waters and watersheds.--A 
                characterization of the waters of the watershed in 
                terms of--
                            ``(i) any fisheries-related indicators and 
                        habitat characteristics that have been 
                        established by the State fish and wildlife 
                        agency pursuant to subsection (g)(2) or, prior 
                        to such establishment, the information issued 
                        by the Secretary of the Interior pursuant to 
                        such subsection;
                            ``(ii) existing geomorphological 
                        characteristics;
                            ``(iii) existing manmade topographic 
                        features that govern the quantity or flow of 
                        waters;
                            ``(iv) existing and historic wetlands, 
                        channels, meander belts, erosion zones, and low 
                        lying areas of the floodplain, including a 
                        description of any historic and present 
                        flooding patterns;
                            ``(v) existing watershed soils, their 
                        potential to erode, and measures taken by 
                        landowners to prevent runoff and erosion;
                            ``(vi) existing land cover and land uses 
                        that affect the watershed's ability to support 
                        fishery resources;
                            ``(vii) existing and potential fisheries-
                        related uses of such waters, including 
                        recreational, subsistence, and economic uses, 
                        that are or may be affected by adverse impacts 
                        on fisheries habitats or by restrictions on 
                        public access;
                            ``(viii) whether such waters, or portions 
                        of such waters, should be considered to be 
                        habitat limited, of high value, or access 
                        restricted for fisheries uses; and
                            ``(ix) existing protections for fishery and 
                        habitat values.
                    ``(B) Recommended objectives.--The council's 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 waters 
                        through implementation of measures to maintain 
                        habitat conditions that will sustain a healthy, 
                        resilient, diverse, and productive aquatic 
                        system;
                            ``(ii) restoration of habitat limited 
                        waters or portions of such waters through 
                        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 waters through 
                        implementation of projects or measures to 
                        increase public access, use, and enjoyment.
                    ``(C) Identification of existing factors, 
                activities, projects, and measures.--An identification 
                of the factors and activities causing adverse impacts 
                or threats to fisheries habitat, and restrictions on 
                access for fisheries uses, within the watershed and an 
                identification of the projects and measures, either 
                planned or currently being implemented, that are 
                designed to address the adverse impacts, threats, or 
                restrictions. At a minimum, a comprehensive plan shall 
                specifically consider the following categories of 
                factors and activities:
                            ``(i) Degraded or modified 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 
                        backwaters or wetlands) and any upland 
                        activities that are contributing to such 
                        degradation.
                            ``(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) Alteration or reduction of water 
                        flows, timing, and magnitude of water-flow 
                        management measures, and acceleration of runoff 
                        that have an adverse impact on fisheries 
                        habitat.
                            ``(v) Factors and activities causing 
                        destruction, modification, or degradation of 
                        wetlands that may have an adverse impact on 
                        fisheries habitat.
                    ``(D) Recommended projects and measures.--
                            ``(i) In general.--A comprehensive plan 
                        shall set forth the council's recommendations 
                        for specific projects and measures that should 
                        be undertaken, strengthened, supported, or 
                        modified in order to achieve the objectives 
                        recommended pursuant to subparagraph (B) and to 
                        address the factors and activities identified 
                        pursuant to subparagraph (C).
                            ``(ii) Priority rankings.--The council 
                        shall assign a priority ranking to each project 
                        and measure for which implementation payments 
                        are recommended pursuant to the authority 
                        provided by subsection (e).
                            ``(iii) Anticipated effects.--The plan 
                        shall identify anticipated effects on existing 
                        land use activities.
                            ``(iv) Sources of funding.--With respect to 
                        each recommendation, the plan shall identify 
                        potential sources of Federal, State, local, or 
                        other financial support to facilitate 
                        implementation of the recommendation.
                    ``(E) Categories.--In setting forth its 
                recommendations, a comprehensive plan shall address at 
                least the following categories:
                            ``(i) For high value and habitat limited 
                        waters, any necessary projects and measures 
                        that should be undertaken, strengthened, 
                        supported, or modified, with the willing 
                        consent of persons holding a property interest 
                        in affected lands, 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) improvement of floodplain 
                                management practices and flood control 
                                programs;
                                    ``(V) improved stream flow control 
                                practices to simulate more natural flow 
                                regimes;
                                    ``(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 contributing pollutants, 
                        including sediments, to habitat limited waters, 
                        any necessary incentives, funding, or other 
                        assistance to facilitate implementation, with 
                        the willing consent of persons holding a 
                        property interest in affected lands, of 
                        additional or different best management 
                        practices.
                            ``(iii) For high value and habitat limited 
                        waters, any necessary incentives, funding, or 
                        other assistance, to be undertaken with the 
                        willing consent of persons holding a property 
                        interest in affected lands, for the prevention 
                        or mitigation of adverse impacts on fisheries 
                        habitat from the destruction or modification of 
                        wetlands.
                            ``(iv) For restricted waters, any necessary 
                        incentives, funding, or other assistance, to be 
                        undertaken with the willing consent of persons 
                        holding a property interest in affected lands, 
                        for improvement of public access to such waters 
                        for enhancement of fisheries uses. The Council 
                        shall include in any recommendation for 
                        improvement of public access a determination 
                        that enhancement of fisheries uses will be 
                        consistent with sustaining a healthy, 
                        resilient, diverse, and productive aquatic 
                        system in the affected waters.
                    ``(F) Recommended monitoring.--A comprehensive plan 
                shall set forth the council's recommendations 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, together 
with the potential sources of funding and other resources necessary for 
their implementation. Monitoring should be consistent with the duration 
of the activity being monitored and the need to evaluate the results of 
the activity.
                    ``(G) Planning process documentation.--A 
                comprehensive plan should describe and document the 
                steps taken by the watershed council during the 
                planning process to meet its consultation and public 
                participation obligations and shall describe the 
                results of its consultations with persons holding a 
                property interest in the affected lands that 
                potentially would be affected by recommendations 
                contained in the plan.
            ``(5) Periodic review and revision.--
                    ``(A) In general.--A designated watershed council 
                shall review and, as necessary or appropriate, revise 
                or update an approved plan on a regular basis for as 
                long as the watershed council continues to be 
                designated, but not less frequently than once every 5 
                years.
                    ``(B) Approval.--Revised or updated plans shall be 
                submitted for approval as required by subsection (d), 
                and if approved as provided therein, shall have the 
effect of an approved plan pursuant to subsection (e).
                    ``(C) Plans to terminate councils.--The State shall 
                periodically review each approved plan for which a 
                watershed council has been terminated and shall decide 
                whether to continue, terminate, or modify the plan in 
                accordance with the requirements of subsection (d).
    ``(d) Approval of Plans and Interim Recommendations.--
            ``(1) Submission of plans.--A watershed council shall 
        submit its comprehensive plan or interim recommendations to the 
        State for approval in accordance with this subsection.
            ``(2) Public participation.--If the State tentatively 
        determines that the plan or interim recommendations meets the 
        requirements of subsection (c), the State shall promptly issue 
        a public notice and provide an opportunity for public comment 
        and shall ensure that each Federal and State agency with 
        jurisdiction over any expenditures, projects, measures, or 
        management decisions that are the subject of any 
        recommendations shall receive a copy of the plan or interim 
        recommendations submitted for approval and be given an 
        opportunity to consult with the State prior to the State's 
        decision. A public hearing shall be held during the public 
        comment period if requested and if significant issues are 
        raised by any interested person.
            ``(3) Decisions.--Following the close of the public comment 
        period, the State shall issue, and provide public notice of, a 
        decision approving or disapproving, in whole or in part, the 
        plan or interim recommendations. The decision shall--
                    ``(A) provide any necessary conditions of, or 
                limitations on, an approval or partial approval;
                    ``(B) describe the grounds for any disapproval or 
                partial disapproval and specify those changes that will 
                be necessary before the plan or interim recommendations 
                may be fully approved;
                    ``(C) indicate whether the appropriate State and 
                Federal agencies have expressly supported, 
                conditionally supported, or disagreed with any 
                recommendations applicable to such agencies;
                    ``(D) take into consideration the balance and 
                representation of the council's membership at the time 
                of submission, as well as the views expressed by 
                council members who do not support 1 or more of the 
                recommendations;
                    ``(E) respond to all significant comments received 
                during the public comment process; and
                    ``(F) prescribe a specific date, not later than 30 
                days after the date of the decision, on which the 
                decision shall be effective.
            ``(4) Resubmission of plans.--If any plan or interim 
        recommendation, or any portion thereof, is disapproved, or if 
        conditions or limitations are prescribed in connection with 
        approval or partial approval, the designated council may revise 
        the plan or interim recommendation in response to the 
        conditions, limitations, or grounds for disapproval and 
        resubmit the plan or interim recommendation for reconsideration 
        in accordance with the requirements of this subsection.
    ``(e) Effect of Plan Approval.--
            ``(1) In general.--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 to 
        the extent that such expenditures, management, planning, or 
activities take place on or directly affect lands or waters within the 
watershed. Nothing in this section shall be construed to require any 
person to undertake or refrain from any action pursuant to 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 lands affected by such 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 the State's 
                fisheries habitat account established pursuant to 
                subsection (g)(3)(B).
                    ``(B) Use of funds in state fisheries habitat 
                accounts.--
                            ``(i) Provision of funds.--A State is 
                        authorized to provide funds from the State's 
                        fisheries habitat account to persons who enter 
                        into legally binding contracts or other 
                        agreements for implementation of existing or 
                        new projects and measures recommended by 
                        watershed councils pursuant to approved plans 
                        or interim recommendations.
                            ``(ii) Permitted uses of funds.--Funds from 
                        a State's fisheries habitat account may be 
                        provided for any purpose identified in an 
                        approved plan or interim recommendation, 
                        including--
                                    ``(I) design, construction, 
                                operation, maintenance or removal of 
                                any structures;
                                    ``(II) conduct of activities, such 
                                as management practices, not otherwise 
                                prohibited by law;
                                    ``(III) acquisition of lands or 
                                easements with the written consent of 
                                each person holding a property interest 
                                in the affected lands;
                                    ``(IV) offset payments to local 
                                governments when acquisitions reduce 
                                local tax revenues;
                                    ``(V) restriction of livestock 
                                access to waters and provision of 
                                alternative water supplies for such 
                                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 pursuant to 
                                subsection (c)(4)(E)(i).
                            ``(iii) Prohibited uses of funds.--No funds 
                        may be expended from a State's fisheries 
                        habitat account for the planning, engineering, 
                        design, or construction of dams or the 
                        planning, design, engineering or construction 
                        of roads on public lands.
                    ``(C) The 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. The system shall 
                reflect the priority rankings assigned to 
                recommendations contained in approved plans and interim 
                recommendations. In addition, the State shall utilize 
                its priority ranking system to establish, and revise 
                annually, a comprehensive priority sequence for funding 
                the projects and measures that have been recommended by 
                watershed councils.
                    ``(D) If recommended in the approved plan or 
                interim recommendation, expenditures from fisheries 
                habitat accounts also may be made for the payment of 
                not to exceed 15 percent of the non-Federal share 
                required pursuant to the programs listed in 
                subparagraph (E). Such expenditures may be made without 
                regard to otherwise applicable limitations under such 
                programs on the maximum funding for individual projects 
                or activities, or the maximum duration of funding, and 
                may be used to fund portions of projects and measures 
                under such programs that may be ineligible due to size 
                restrictions or other limitations.
                    ``(E) The following programs shall be subject to 
                the authority provided by subparagraph (D):
                            ``(i) The wetlands reserve program 
                        established by subchapter C of chapter 1 of 
                        subtitle D of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3837-3837f).
                            ``(ii) The environmental quality incentives 
                        program established by chapter 4 of subtitle D 
                        of title XII of the Food Security Act of 1985 
                        (16 U.S.C. 3839aa-3839aa-8).
                            ``(iii) The emergency conservation program 
                        established by title IV of the Agricultural 
                        Credit Act of 1978 (16 U.S.C. 2201-2205).
                            ``(iv) The national estuary program 
                        established by section 320 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1330).
                            ``(v) The wildlife conservation and 
                        appreciation program established by title VII 
                        of the Oceans Act of 1992 (16 U.S.C. 3741-
                        3744).
                            ``(vi) The farmland protection program 
                        established by the Farmland Protection Policy 
                        Act (7 U.S.C. 4201-4209).
                            ``(vii) The North American Wetlands 
                        Conservation Act (16 U.S.C. 4401-4414).
                            ``(viii) The forestry incentives program 
                        established by section 4 of the Cooperative 
                        Forestry Assistance Act of 1978 (16 U.S.C. 
                        2103).
                            ``(ix) The cooperative forestry assistance 
                        program established by sections 5 and 6 of the 
                        Cooperative Forestry Assistance Act of 1978 (16 
                        U.S.C. 2103a and 2103b).
                            ``(x) The Federal aid in wildlife 
                        restoration program established by the Act of 
                        September 2, 1937 (Chapter 899; 50 Stat. 917; 
                        16 U.S.C. 669-669i).
                            ``(xi) The Federal aid in sportfish 
                        restoration program established by the Act of 
                        August 9, 1950 (Chapter 658; 64 Stat. 430; 16 
                        U.S.C. 777-777l).
                            ``(xii) The watershed protection and flood 
                        prevention program established by the Watershed 
                        Protection and Flood Prevention Act (16 U.S.C. 
                        1001-1008).
                            ``(xiii) The wildlife habitat incentives 
                        program established by section 387 of the 
                        Federal Agricultural Improvement and Reform Act 
                        of 1996 (16 U.S.C. 3836a).
                            ``(xiv) The partners for fish and wildlife 
                        habitat restoration program established 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.).
                            ``(xv) The emergency protection program 
                        established by section 216 of the Flood Control 
                        Act of 1950 (33 U.S.C. 701b-1; 64 Stat. 184).
                            ``(xvi) The conservation reserve program 
                        established by sections 1231 through 1236 of 
                        Public Law 99-198 (16 U.S.C. 3831-3836).
                            ``(xvii) The clean lakes program 
                        established by section 314 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1324).
                            ``(xviii) The Great Lakes program 
                        established by section 118 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1268).
                            ``(xix) The flood hazard mitigation and 
                        riverine ecosystem restoration program (also 
                        known as ``Challenge 21'') established under 
                        section 212 of the Water Resources Development 
                        Act of 1999 (33 U.S.C. 2332).
                    ``(F) If specifically recommended in the approved 
                plan or interim recommendation, expenditures pursuant 
                to 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 lands within the watershed that are or would 
                be subject to increased flooding due to projects or 
                measures recommended pursuant to subsection 
                (c)(4)(E)(i). Expenditures described in the preceding 
                sentence may be made either upon the incidence of a 
                compensable loss or pursuant to 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 watershed 
                council's recommendations.
            ``(3) Federal lands.--Each Federal department or agency 
        with jurisdiction to manage Federal lands within a designated 
        watershed shall consider those recommendations related to 
        improvements in the management of such lands that are contained 
        in approved plans or interim recommendations in all future 
        decisions respecting planning and activities on such lands that 
        will have significant impacts on fisheries habitat and uses and 
        shall issue and make publicly available a written explanation 
        of its decisions setting forth its rationale for adopting or 
        departing from such recommendations.
            ``(4) Federal planning and activities.--
                    ``(A) In general.--Federal departments and 
                agencies, States, and units of local government 
                undertaking federally funded planning and activities on 
                non-Federal lands affecting waters within the watershed 
                shall consider those recommendations pertaining to such 
                planning or activities contained in an approved plan or 
                interim recommendation and shall issue and make 
                publicly available a written explanation setting forth 
                its rationale for adopting or departing from such 
                recommendations.
                    ``(B) Planning and activities on non-federal lands 
                affecting waters within the watershed.--In this 
                paragraph, the term `planning and activities on non-
                Federal lands affecting waters within the watershed' 
                means the planning, design, or conduct of actions 
that substantially and physically alter structures, lands, or waters 
within the 100-year floodplain in a manner that directly and 
significantly affects fisheries habitat.
                    ``(C) Maintenance of navigation.--This section 
                shall not be construed as affecting or impairing any 
                authority of the Federal Government to maintain 
                navigation.
            ``(5) Wetlands jurisdiction.--The baseline jurisdictional 
        status of any agricultural lands on which wetlands may be 
        created or expanded as a result of increased flooding or 
        altered drainage pursuant to projects or measures recommended 
        pursuant to subsection (c)(4)(E)(i) shall, upon expiration or 
        termination of the agreement pursuant to which such projects or 
        measures were implemented, revert to their baseline 
        jurisdictional status. The jurisdictional status of any 
        agricultural lands on which wetlands may be created or expanded 
        as a result of increased flooding or altered drainage pursuant 
        to projects or measures recommended pursuant to subsection 
        (c)(4)(E)(i) shall, to the extent of such creation or 
        expansion, be governed by the methods and regulations of the 
        applicable program listed in subsection (e)(2)(E), as well as 
        any regulations issued under section 404 that are applicable to 
        such program, as those methods and regulations exist at the 
        time such funding is approved. The discharges from any wetlands 
        that are created or expanded for agricultural pollution control 
        purposes pursuant to recommendations contained in an approved 
        plan or interim recommendation shall not be required to obtain 
        a permit pursuant to sections 301 and 402 if pollutants 
        entering such wetlands result only from normal agricultural 
        practices such as crop production, raising of livestock, or 
        silvicultural activities.
    ``(f) 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. 
        Pursuant to the program, the Secretary of the Interior shall 
        provide funding and technical assistance to each State fish and 
        wildlife agency for development and construction of projects 
        designed to improve urban watersheds and public access to the 
        waters of urban watersheds in order to restore fisheries 
        habitat or enhance fisheries uses and to provide recreational 
        opportunities. In cooperation with the State fish and wildlife 
        agencies, the Secretary of the Interior shall issue such 
        guidance as may be necessary to provide for the planning and 
        implementation of the program.
            ``(2) Eligible projects.--In accordance with the guidance 
        issued pursuant to paragraph (1), each State fish and wildlife 
        agency may provide funding and technical assistance to a 
        project sponsor, as defined by paragraph (3), for any project 
        designed to restore or enhance urban watersheds or waterways in 
        order 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 wetlands.
                    ``(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.
            ``(3) Project sponsors and cosponsors.--Each project for 
        which funding or technical assistance is provided by a State 
        fish and wildlife agency under the program shall have a project 
        sponsor. The project sponsor may be a nonprofit organization or 
        a State, sub-State, tribal, or local unit of government, 
        agency, or district within the project area 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 program. Any other such person may be 
        a project cosponsor.
            ``(4) Project areas and locations.--Projects receiving 
        funding or assistance under this program shall be located 
        within the boundaries of an urban watershed. Such projects may 
        be eligible if carried out on any municipal, Federal, State, 
        county, tribal, or private lands owned by the project sponsor 
        or a cosponsor.
            ``(5) Program priorities.--Each State fish and wildlife 
        agency shall give priority to funding and providing technical 
        assistance for projects--
                    ``(A) for which support and participation by local 
                citizens, governmental entities and other affected 
                interests has been demonstrated;
                    ``(B) located in or directly benefiting low-income 
                or economically depressed areas;
                    ``(C) 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 to restore or enhance community fisheries or 
                water quality and to provide education and training 
                opportunities in connection with such 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.
            ``(6) Grant application, approval, and program 
        implementation.--The Secretary of the Interior shall ensure 
        that each State fish and wildlife agency to which funding is 
        provided under this subsection has the capability to 
        efficiently and effectively administer the program, including 
        procedures for--
                    ``(A) furnishing application procedures, 
                eligibility criteria, and other necessary information 
                to prospective project sponsors;
                    ``(B) simplifying or streamlining contracting 
                processes for grants not exceeding $100,000; and
                    ``(C) reviewing applications and recommending grant 
                awards by an interdisciplinary team possessing 
                expertise in hydrology, ecology, biology, recreation, 
                agriculture, or such other disciplines as may be 
                necessary.
            ``(7) Federal support and reporting.--
                    ``(A) Compilation of information.--The Secretary of 
                the Interior shall compile information received from 
                State fish and wildlife agencies, based on annual 
                reports to be provided by project sponsors, and 
                transmit to appropriate committees of the Congress not 
                later than January 1 of each year a comprehensive 
                report on implementation of the program, together with 
                recommendations for any necessary improvements or 
                changes to program.
                    ``(B) Establishment of community fisheries habitat 
                clearinghouse.--In order to support local 
                implementation of projects under the program, the 
                Secretary of the Interior, not later than 12 months 
                after the date of enactment of this section, shall 
                establish a community fisheries habitat clearinghouse 
                that will 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 non-profit groups involved in 
                        urban watershed restoration activities.
                    ``(C) Location of database.--The location of the 
                database will be selected by the Secretary of the 
                Interior after considering applications received from 
                interested parties solicited through public notice.
            ``(8) Conditions and limitations on funding.--The Secretary 
        of the Interior shall establish appropriate conditions and 
        limitations applicable to funding provided under the program, 
        including the following:
                    ``(A) A requirement that the Federal share of the 
                cost for implementing each project shall not exceed 70 
                percent of the cost of the project in any fiscal year 
                and shall not exceed a total of $500,000. Not more than 
                10 percent of the Federal share of the cost of a 
                project provided in any fiscal year may be used for 
                administrative expenses.
                    ``(B) A provision allowing the non-Federal share of 
                such cost to consist, in whole or in part, of in-kind 
                services provided by project participants and allowing 
                the non-Federal share to be waived in the case of any 
                project carried out in an economically depressed 
                community with a population of 50,000 or less.
            ``(9) Authorizations.--There is authorized to be 
        appropriated to the Secretary of the Interior, to carry out the 
        program established by this subsection, such sums as may be 
        necessary for each of fiscal years 2002 through 2006. Such sums 
        shall remain available until expended.
    ``(g) Federal Support.--
            ``(1) Technical support and reporting.--
                    ``(A) Information and guidelines.--Not later than 
                90 days after the date of enactment of this section, 
                and after consultation with the Secretary of the 
                Interior and the Administrator, the Secretary shall 
                issue--
                            ``(i) information and guidelines on the 
                        minimum content of State programs to be 
                        approved under subsection (a);
                            ``(ii) information and guidelines on the 
                        capabilities and purposes that should be 
                        demonstrated by watershed councils under 
                        subsection (b)(2); and
                            ``(iii) compilations of information, such 
                        as bibliographies, manuals, summaries or other 
                        appropriate means of organizing and 
                        disseminating information pertaining to each of 
                        the planning elements specified under 
                        subsection (c)(4).
                    ``(B) Guidance.--The Secretary, after consultation 
                with the Administrator and the Secretary of the 
                Interior, 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, in consultation with 
the Secretary of the Interior and the Administrator, shall assemble and 
review all reports on monitoring activities carried out pursuant to 
watershed council recommendations and publish a report at least 
biennially describing the progress and accomplishments of such 
programs, as well as recommendations for improvements in the design or 
implementation of such programs.
                    ``(D) Report on state of fisheries habitats.--The 
                Secretary of the Interior shall review the reports 
                prepared by the Secretary of Agriculture pursuant to 
                the subparagraph (C), together with any other 
                information or data the Secretary of the Interior may 
                develop or determine to be necessary, and shall publish 
                a report at least biennially describing the state of 
                the Nation's fishery habitats as well as the overall 
                progress being achieved in protecting and restoring 
                such 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 such agencies in developing fisheries-
                related indicators and associated habitat 
                characteristics, as described in this paragraph, and 
                for consideration by designated watershed councils in 
                characterizing waters and establishing watershed 
                objectives pursuant to subsection (c)(4).
                    ``(B) Content of criteria.--Fisheries-related 
                indicators may be established by the State fish and 
                wildlife agencies pursuant to this paragraph to set 
                forth the appropriate factors, indicators, 
                measurements, and other considerations which, 
                independently or in combination, will be indicative of 
                a healthy, resilient, diverse, and productive aquatic 
                system and may distinguish among general categories of 
                fisheries based upon natural variations such as water 
                temperature and chemistry, flow regime, biotic factors, 
                habitat structure and composition, drought, and any 
                other relevant and appropriate considerations.
                    ``(C) Habitat characteristics.--With respect to 
                each general category of fisheries for which criteria 
                are established pursuant to this paragraph, the State 
                fish and wildlife agencies should 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 (a) for payment of the 
                        reasonable costs of carrying out the 
                        responsibilities described in subsection 
                        (a)(2). Not less than 90 percent of the amount 
                        of such grants made pursuant to this paragraph 
                        shall be reserved for supporting the planning 
                        and implementation of approved activities of 
                        designated watershed councils.
                            ``(ii) Memorandum of understanding.--As a 
                        condition of such grants, the Secretary and the 
                        State shall enter into a memorandum of 
                        understanding setting forth the objectives and 
                        funding priorities for the program, including 
                        conditions requiring the State to undertake 
                        specific activities to promote the formation of 
                        watershed councils through education, outreach, 
                        and the provision of funding for organizational 
                        and planning efforts to develop requests for 
                        designation, as well as conditions requiring 
                        the State or regional fisheries commission to 
                        provide a substantial portion of the funds 
                        available for watershed planning to those 
                        watershed councils associated with high 
                        priority watersheds.
                            ``(iii) Limitation on administrative 
                        expenses.--Not more than 10 percent of the 
                        amount of any grant made by a State to a 
                        designated watershed council may be used to pay 
                        the cost of administration or overhead in 
                        connection with the council's activities.
                            ``(iv) Authorization of appropriations.--
                        There is authorized to be appropriated to the 
                        Secretary to carry out this paragraph such sums 
                        as may be necessary for each of fiscal years 
                        2002 through 2006. Such sums shall remain 
                        available until expended
                    ``(B) Fisheries habitat accounts for implementation 
                support.--
                            ``(i) Establishment.--Each State with a 
                        program approved pursuant to subsection (a) 
                        shall establish a fisheries habitat account for 
                        the purpose of providing financial support for 
                        implementation of projects and measures 
                        recommended by watershed councils pursuant to 
                        approved plans and interim recommendations.
                            ``(ii) Transfers.--Each State with a 
                        program approved pursuant to this section may 
                        reserve and transfer into its fisheries habitat 
                        account an amount not to exceed 20 percent of 
                        the funds received in fiscal year 2002 and each 
                        fiscal year thereafter pursuant to section 319. 
                        Amounts so transferred shall remain available 
                        until expended.
                            ``(iii) Authorized funding for restricting 
                        livestock access to waters within a designated 
                        watershed.-- There is authorized to be 
appropriated to the Secretary not to exceed $25,000,000 for fiscal year 
2002 and each fiscal year thereafter for the purpose of making grants 
to States with programs approved under subsection (a) to enable such 
States to provide funds to any person, through an account within a 
State's fisheries habitat account, for implementation of any 
appropriate measures recommended in an approved plan or interim 
recommendation for restricting livestock access to waters within a 
designated watershed and for providing alternative water supplied for 
such livestock. Such sums shall remain available until expended.
                            ``(iv) 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 pursuant to subsection (a) to 
                        enable each such State to provide funds to any 
                        person, through the State's fisheries habitat 
                        account, for implementation of approved 
                        recommendations, as provided by subsection 
                        (e)(2). Such sums shall remain available until 
                        expended.
                            ``(v) Allocations of amounts.--Amounts 
                        appropriated pursuant to clause (iv) shall be 
                        allocated among States with programs approved 
                        pursuant to subsection (a) 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 
                                licenses, tags, permits, and stamps 
                                sold by the State in the previous 
                                calendar year.
                                    ``(III) The degree of degraded 
                                waters in the State.
                                    ``(IV) The number of river miles 
                                and lake acres in the State.
                                    ``(V) The population of the State.
                            ``(vi) Annual survey.--The Secretary shall 
                        provide to Congress an annual survey of 
                        projected funding needs identified for each 
                        State with a program approved pursuant to 
                        subsection (a).
                    ``(C) Federal program authorizations.--
                            ``(i) Responsibilities of the secretary.--
                        There is authorized to be appropriated to the 
                        Secretary such sums as may be necessary for the 
                        administration and implementation of the 
                        responsibilities required by this section. Such 
                        sums shall remain available until expended.
                            ``(ii) Responsibilities of the secretary of 
                        the interior.--There is authorized to be 
                        appropriated to the Secretary of the Interior 
                        such sums as may be necessary for the 
                        administration and implementation of the 
                        responsibilities required by this section. Such 
                        sums shall remain available until expended.
                            ``(iii) Responsibilities of the 
                        administrator.--There is authorized to be 
                        appropriated to the Administrator such sums as 
                        may be necessary for the administration and 
                        implementation of the responsibilities required 
                        under this section. Such sums shall remain 
                        available until expended.
            ``(4) Planning and recommendations for major waterways.--
                    ``(A) In general.--The Secretary of the Interior, 
                acting through the Directors of 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, the Chief of Engineers, 
                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.--
                Pursuant to the national planning program, the 
                Secretary of the Interior shall identify discrete 
                segments of major waterways for which a watershed 
                council has not been designated pursuant to subsection 
                (b) and for which, in the Secretary of the Interior's 
                judgment, there is a high likelihood that significant 
                progress can be achieved through the implementation of 
                measures identified in subsection (c)(4)(E)(i) toward 
                the protection or restoration of habitat for fisheries 
                that exhibit substantial existing or potential 
                biological, commercial, or recreational value.
                    ``(C) Recommendations for highest priority 
                segments.--With respect to each of the highest priority 
                segments identified by the Secretary of the Interior 
                that is subject to a State program which has chosen to 
                address major waterways pursuant to subsection 
                (a)(2)(J), or by more than 1 such program, the 
                Secretary of the Interior shall issue, after providing 
                notice and opportunity for comment, recommendations to 
                the appropriate State, or any combination of States, 
                for consideration of alternative floodplain management 
                measures of the types identified in subsection 
                (c)(4)(E)(i) to improve fisheries habitat conditions in 
                the identified segment or in downstream segments. The 
                State shall consider and act upon such recommendations 
in accordance with the provisions of subsection (d).
                    ``(D) Applicability of requirements.--Subsection 
                (e), including the requirement that approved 
                recommendations may be undertaken only with the willing 
                consent of persons holding a property interest in 
                affected lands, shall apply with respect to any 
                recommendations issued by the Secretary of the Interior 
                and approved pursuant to subsection (d).
    ``(h) Instream Flows and Water Quality.--
            ``(1) Water quality information.--In order to encourage the 
        maintenance of adequate water flows and volumes in the Nation's 
        rivers, streams, and lakes so as to protect and restore 
        fisheries habitat, the Secretary of the Interior, in 
        cooperation with the State fish and wildlife agencies, shall, 
        not later than 12 months after the date of enactment of this 
        section, issue information describing methodologies for 
        identifying instream flows that are necessary to protect 
        fisheries habitat.
            ``(2) Instream flow and water volume designations and 
        recommendations.--Any State may designate fisheries uses for 
        waters within the State's jurisdiction, together with instream 
flows or water volumes, that are necessary to support such uses. Any 
watershed council designated pursuant to this section may include 
recommendations in its plan for fisheries objectives pertaining to 
waters within the designated watershed, together with instream flows or 
volumes that are necessary to support such objectives.
            ``(3) Information exchange/technical assistance.--In 
        cooperation with State fish and wildlife agencies, the 
        Secretary of the Interior, acting through the Directors of the 
        United States Geological Survey and 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 watershed councils 
        designated pursuant to this section, to others involved in land 
        and water management, and to the general public.
            ``(4) Expenditures.--As necessary and appropriate to 
        support the maintenance of instream flows or volumes designated 
        or recommended pursuant to paragraph (2), the Secretary of the 
        Interior, acting through the Directors of the United States 
        Fish and Wildlife Service and the Geological Survey and in 
        cooperation with the Secretary and the Administrator, as 
        appropriate, is authorized to provide funds to States, from 
        such appropriations as may be made pursuant to the 
        authorization provided by 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, under State law, and manage 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, under 
                State law, an interest in water or a right to place 
                conditions on the use of water or for obtaining 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.
        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) for its intended purpose in 
        perpetuity with respect to the purchase of a water right or for 
        the full term of the lease or other contractual instrument with 
        respect to any partial interest in a water right.
            ``(5) Authorization; conditions on expenditures.--The 
        following conditions shall apply to any expenditures made 
        pursuant to paragraph (4):
                    ``(A) Expenditures will 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 
                pursuant to paragraph (2).
                    ``(B) Any right or interest in water acquired or 
                otherwise obtained under State law in connection with 
                such expenditures shall be so acquired or otherwise 
                obtained only with the written consent of a willing 
                seller of such right or interest.
                    ``(C) The Secretary of the Interior shall manage 
                the funds appropriated pursuant to the authority 
                provided by 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 pursuant to subsection (d).
            ``(6) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of the Interior to carry 
        out paragraph (4) $50,000,000 for each of fiscal years 2002 
        through 2006. Such sums shall remain available until expended.
            ``(7) Limitation on statutory construction.--Nothing in 
        this section shall be construed to supersede, abrogate, or 
        otherwise impair the authority of a State to allocate 
        quantities of water within its jurisdiction or, except as 
        provided by paragraph (4), to authorize the transfer of rights 
to quantities of water which have been established by any State.
    ``(i) Definitions.--In this section, the following definitions 
apply:
            ``(1) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(2) Habitat limited waters.--The term `habitat limited 
        waters' means those waters 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 existing physical, chemical, 
        or biological conditions that can be remediated.
            ``(3) High value waters.--The term `high value waters' 
        means those waters in which existing physical, chemical, and 
        biological conditions sustain socially, ecologically, or 
        economically important fisheries.
            ``(4) Access restricted waters.--The term `access 
        restricted waters' means those high value waters in which 
        public use and enjoyment of fisheries is significantly limited 
        by lack of access.
            ``(5) 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.
            ``(6) 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.
            ``(7) State fish and wildlife agency.--The term `State fish 
        and wildlife agency' means the commission, department, agency, 
        or agencies within each State that has primary legal authority 
        for the conservation of fish and wildlife in the State.
            ``(8) High priority watershed.--The term `high priority 
        watershed' means a watershed designated pursuant to State law, 
        as described in subsection (a), 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.
            ``(9) State.--The term `State' means any 1, or a 
        combination, of the following authorities acting pursuant to 
        jurisdiction provided under State law:
                    ``(A) The Governor.
                    ``(B) A State agency charged with ensuring water 
                quality standards.
                    ``(C) A State fish and wildlife agency.
            ``(10) State technical committee.--The term `State 
        technical committee' means a technical committee established by 
        the Secretary pursuant to section 1261 of the Food Security Act 
        of 1985 (16 U.S.C. 3861).''.
    (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. AUTHORIZATIONS OF APPROPRIATIONS.

    Section 319(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1329(j)) is amended to read as follows:
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsections (h) and (i) of this section and 
section 321 such sums as may be necessary for fiscal years 2002 through 
2006. Such sums shall remain available until expended.''.
                                 <all>