[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 678 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 678
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 3, 2001
Mr. Bond 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 2001''.
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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