[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 218 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 218

    To amend the Food Security Act of 1985 to provide incentives to 
    landowners to protect and improve streams and riparian habitat.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2005

   Mr. Kohl introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To amend the Food Security Act of 1985 to provide incentives to 
    landowners to protect and improve streams and riparian habitat.

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

SECTION 1. STREAM HABITAT IMPROVEMENT PROGRAM.

    (a) In General.--Chapter 5 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by adding at 
the end the following:

``SEC. 1240Q. STREAM HABITAT IMPROVEMENT PROGRAM.

    ``(a) In General.--The Secretary, in consultation with the State 
technical committees established under section 1261, shall establish 
within the Natural Resources Conservation Service a program to be known 
as the stream habitat improvement program (referred to in this section 
as the `program').
    ``(b) Eligible Projects.--
            ``(1) In general.--Under the program, the Secretary shall 
        offer to enter into agreements under which the Secretary shall 
        make cost-share payments to landowners to carry out on land 
        owned by the landowners projects to--
                    ``(A) protect streamside areas, including through 
                the installation of riparian fencing and improved 
                stream crossings;
                    ``(B) repair in-stream habitat;
                    ``(C) improve water flows and water quality, 
                including through channel restoration;
                    ``(D) initiate watershed management and planning in 
                areas in which streams are in a degraded condition due 
                to past agricultural or forestry practices; and
                    ``(E) undertake other types of stream habitat 
                improvement approved by the Secretary.
            ``(2) Priority projects.--The Secretary shall give priority 
        to any landowner applicant that carries out a project to--
                    ``(A) remove a small dam or in-stream structure;
                    ``(B) improve fish passage, including through 
                culvert repair and maintenance;
                    ``(C) protect streamside areas;
                    ``(D) improve water flows, including through 
                irrigation efficiency improvements; or
                    ``(E) improve in-stream flow quality or timing or 
                temperature regimes.
            ``(3) Priority applicants.--To ensure that program projects 
        address the causes of stream habitat degradation, the Secretary 
        shall give priority to any landowner applicant that 
        demonstrates that upland improvements associated with the 
        stream habitat improvement (including erosion and nutrient 
        management) have been, or will be, carried out.
    ``(c) Cost-Share Payments.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Federal share of payments made under this section 
        shall be equal to 80 percent of the total cost incurred by the 
        landowner in carrying out a project described in subsection 
        (b), as determined and approved by the Secretary.
            ``(2) Nonprofit partnership.--The Secretary shall provide a 
        higher Federal share of payments than the share provided under 
        paragraph (1) to a landowner that carries out a project in 
        partnership with a nonprofit organization.
            ``(3) Priority projects.--The Secretary may provide a 
        higher Federal share of payments than the share provided under 
        paragraph (1) to a landowner that carries out a project 
        described in subsection (b)(2).''.
    (b) Funding and Technical Assistance.--
            (1) Funding.--Section 1241(a) of the Food Security Act of 
        1985 (16 U.S.C. 3841(a)) is amended by adding at the end the 
        following:
            ``(8) The stream habitat improvement program under section 
        1240Q, using, to the maximum extent practicable, $60,000,000 in 
        each of fiscal years 2006 through 2008.''.
            (2) Technical assistance.--Section 1241(b)(1) of the Food 
        Security Act of 1985 (16 U.S.C. 3841(b)(1) is amended by 
        striking ``paragraphs (1) through (7)'' and inserting 
        ``paragraphs (1) through (8)''.
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