II 109th CONGRESS 1st Session S. 218 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.
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:
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).