[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3085 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3085

  To require the Secretary of the Interior to establish a cooperative 
         watershed management program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2008

    Mr. Tester (for himself, Mr. Crapo, Mr. Baucus, and Mr. Craig) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of the Interior to establish a cooperative 
         watershed management program, 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 ``Cooperative Watershed Management Act 
of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Affected stakeholder.--The term ``affected 
        stakeholder'' means an entity that significantly affects, or is 
        significantly affected by, the quality or quantity of water in 
        a watershed, as determined by the Secretary.
            (2) Grant recipient.--The term ``grant recipient'' means an 
        eligible management entity that the Secretary has selected to 
        receive a grant under section 3(c)(2).
            (3) Management group.--The term ``management group'' means 
        a self-sustaining, cooperative watershed-wide management group 
        that--
                    (A) is comprised of each affected stakeholder of 
                the watershed that is the subject of the management 
                group;
                    (B) incorporates the perspectives of a diverse 
                array of stakeholders;
                    (C) is designed to be carried out as a grassroots, 
                nonregulatory entity to address local water 
                availability and quality issues within the watershed 
                that is the subject of the management group; and
                    (D) is capable of managing in a sustainable manner 
                the water resources of the watershed that is the 
                subject of the management group and improving the 
                functioning condition of rivers and streams through--
                            (i) water conservation;
                            (ii) improved water quality;
                            (iii) ecological resiliency; and
                            (iv) the reduction of water conflicts.
            (4) Program.--The term ``program'' means the cooperative 
        watershed management program established by the Secretary under 
        section 3(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a program, which 
shall be known as the ``cooperative watershed management program'', 
under which the Secretary shall provide grants to eligible management 
entities--
            (1) to form a management group;
            (2) to enlarge a management group, of which the eligible 
        management entity is a member; or
            (3) to conduct 1 or more projects in accordance with the 
        goals of a management group, of which the eligible management 
        entity is a member.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, an eligible management entity shall be comprised of each 
affected stakeholder of the watershed that is the subject of the 
eligible management entity, including to the maximum extent 
practicable--
            (1) representatives of private interests, including 
        representatives of--
                    (A) hydroelectric production;
                    (B) livestock grazing;
                    (C) timber production;
                    (D) land development;
                    (E) recreation or tourism;
                    (F) irrigated agricultural production; and
                    (G) the environment;
            (2) any Federal agency that has authority with respect to 
        the watershed, including not less than 1 representative of--
                    (A) the Department of Agriculture;
                    (B) the Department of the Interior; and
                    (C) the National Oceanic and Atmospheric 
                Administration;
            (3) any State or local agency that has authority with 
        respect to the watershed; and
            (4) any member of an Indian tribe that owns land within the 
        watershed or has land in the watershed held in trust.
    (c) Application.--
            (1) Establishment of application process; criteria.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary shall establish--
                    (A) an application process under which each 
                eligible management entity may apply for a grant under 
                this section; and
                    (B) criteria for consideration of the application 
                of each eligible management entity.
            (2) Application process.--To be eligible to receive a grant 
        under this section, an eligible management entity shall submit 
        to the Secretary an application in accordance with the 
        application process and criteria established by the Secretary 
        under paragraph (1).
    (d) Distribution of Grant Funds.--
            (1) In general.--In distributing grant funds under this 
        section, the Secretary shall comply with paragraph (2).
            (2) Funding procedure.--
                    (A) First phase.--
                            (i) In general.--During the first phase of 
                        a grant established under this subparagraph, 
                        the Secretary may provide to a grant recipient 
                        a grant in an amount of not greater than 
                        $100,000 each year for a period of not more 
                        than 3 years.
                            (ii) Mandatory use of funds.--A grant 
                        recipient that receives funds through a grant 
                        during the first phase shall use the funds--
                                    (I) to establish or enlarge a 
                                management group;
                                    (II) to develop a mission statement 
                                for the management group; and
                                    (III) to develop project concepts.
                            (iii) Annual determination of 
                        eligibility.--
                                    (I) Determination.--For each year 
                                of the first phase, not later than 270 
                                days after the date on which a grant 
                                recipient first receives grant funds 
                                for the year, the Secretary shall 
                                determine whether the grant recipient 
                                has made sufficient progress during the 
                                year to justify additional funding.
                                    (II) Effect of determination.--If 
                                the Secretary determines under 
                                subclause (I) that the progress of a 
                                grant recipient during the year covered 
                                by the determination justifies 
                                additional funding, the Secretary shall 
                                provide to the grant recipient grant 
                                funds for the year following the year 
                                during which the determination was 
                                made.
                            (iv) Advancement conditions.--A grant 
                        recipient shall not be eligible to receive 
                        grant funds during the second phase described 
                        in subparagraph (B) until the date on which the 
                        Secretary determines that the management group 
                        established by the grant recipient is--
                                    (I) fully formed, including the 
                                drafting and approval of articles of 
                                incorporation and bylaws governing the 
                                organization; and
                                    (II) fully functional, including 
                                holding regular meetings, having 
                                reached a consensus on the mission of 
                                the group, and having developed project 
                                concepts.
                    (B) Second phase.--
                            (i) In general.--During the second phase of 
                        a grant established under this subparagraph, 
                        the Secretary may provide to a grant recipient 
                        a grant in an amount of not greater than 
                        $1,000,000 each year for a period of not more 
                        than 4 years.
                            (ii) Mandatory use of funds.--A grant 
                        recipient that receives funds through a grant 
                        under the second phase shall use the funds to 
                        carry out watershed management projects.
                            (iii) Annual determination of 
                        eligibility.--
                                    (I) Determination.--For each year 
                                of the second phase, not later than 270 
                                days after the date on which a grant 
                                recipient first receives grant funds 
                                for the year, the Secretary shall 
                                determine whether the grant recipient 
                                has made sufficient progress during the 
                                year to justify additional funding.
                                    (II) Effect of determination.--If 
                                the Secretary determines under 
                                subclause (I) that the progress of a 
                                grant recipient during the year covered 
                                by the determination justifies 
                                additional funding, the Secretary shall 
                                provide to the grant recipient grant 
                                funds for the year following the year 
                                during which the determination was 
                                made.
                            (iv) Advancement condition.--A grant 
                        recipient shall not be eligible to receive 
                        grant funds during the third phase described in 
                        subparagraph (C) until the date on which the 
                        Secretary determines that the grant recipient 
                        has--
                                    (I) completed each requirement with 
                                respect to each year of the second 
                                phase; and
                                    (II) demonstrated that 1 or more 
                                pilot projects of the grant recipient 
                                have resulted in demonstrable 
                                improvements in the functioning 
                                condition of at least 1 river or stream 
                                in the watershed.
                    (C) Third phase.--
                            (i) Funding limitation.--
                                    (I) In general.--Except as provided 
                                in subclause (II), during the third 
                                phase of a grant established under this 
                                subparagraph, the Secretary may provide 
                                to a grant recipient a grant in an 
                                amount of not greater than $5,000,000 
                                for a period of not more than 5 years.
                                    (II) Exception.--The Secretary may 
                                provide to a grant recipient a grant in 
                                an amount that is greater than the 
                                amount described in subclause (I) if 
                                the Secretary determines that the grant 
                                recipient is capable of using the 
                                additional amount to achieve an 
                                appropriate increase in an economic, 
                                social, or environmental benefit that 
                                could not otherwise be achieved by the 
                                grant recipient through the amount 
                                described in subclause (I).
                            (ii) Mandatory use of funds.--A grant 
                        recipient that receives funds through a grant 
                        under the third phase shall use the funds to 
                        carry out not less than 1 watershed management 
                        project of the grant recipient.
            (3) Permissive use of funds.--A grant recipient that 
        receives funds through a grant under this section may use the 
        funds--
                    (A) to pay for--
                            (i) the administrative costs of the 
                        management group of the grant recipient;
                            (ii) the salary of not more than 1 full-
                        time employee of the management group of the 
                        grant recipient; and
                            (iii) any legal fees of the grant recipient 
                        arising from the establishment of the 
                        management group of the grant recipient;
                    (B) to fund--
                            (i) studies of the watershed that is 
                        managed by the management group of the grant 
                        recipient; and
                            (ii) any project--
                                    (I) described in the mission 
                                statement of the management group of 
                                the grant recipient; and
                                    (II) to be carried out by the 
                                management group of the grant recipient 
                                to achieve any goal of the management 
                                group;
                    (C) to carry out demonstration projects relating to 
                water conservation or alternative water uses; and
                    (D) to expand a management group that is 
                established by the grant recipient.
            (4) Requirement of consensus of members of management 
        group.--A management group of a grant recipient may not use 
        grant funds for any initiative of the management group unless 
        the group reaches a consensus decision.
    (e) Cost Share.--
            (1) Planning.--The Federal share of the cost of any 
        activity of a management group of a grant recipient relating to 
        any use required under subsection (d)(2)(A)(ii) shall be 100 
        percent.
            (2) Projects carried out under second phase.--
                    (A) In general.--Subject to subparagraph (B), the 
                Federal share of the costs of any activity of a 
                management group of a grant recipient relating to a 
                watershed management project described in subsection 
                (d)(2)(B)(ii) shall not exceed 60 percent of the total 
                costs of the watershed management project.
                    (B) Limitation.--To pay for any costs relating to 
                administrative expenses incurred for a watershed 
                management project described in subsection 
                (d)(2)(B)(ii), a management group of a grant recipient 
                may use grant funds in an amount not greater than the 
                lesser of--
                            (i) $100,000; or
                            (ii) 20 percent of the total amount of the 
                        Federal share provided to the management group 
                        to carry out the watershed management project.
                    (C) Form of non-federal share.--The non-Federal 
                share under subparagraph (A) may be in the form of any 
                in-kind contributions.
            (3) Projects carried out under third phase.--
                    (A) In general.--Subject to subparagraph (B), the 
                Federal share of the costs of any activity of a 
                management group of a grant recipient relating to a 
                watershed management project described in subsection 
                (d)(2)(C)(ii) shall not exceed 50 percent of the total 
                costs of the watershed management project.
                    (B) Limitation.--To pay for any costs relating to 
                administrative expenses with respect to a watershed 
                management project described in subsection 
                (d)(2)(C)(ii), a management group of a grant recipient 
                may use grant funds in an amount not greater than the 
                lesser of--
                            (i) $100,000; or
                            (ii) 20 percent of the total amount of the 
                        Federal share provided to the management group 
                        to carry out the watershed management project.
                    (C) Form of non-federal share.--The non-Federal 
                share under subparagraph (A) may be in the form of any 
                in-kind contributions.
    (f) Annual Reports.--
            (1) In general.--Not later than 1 year after the date on 
        which a management group of a grant recipient first receives 
        funds through a grant under this section, and annually 
        thereafter, in accordance with paragraph (2), the management 
        group shall submit to the Secretary a report that describes, 
        for the period covered by the report, the progress of the 
        management group with respect to the duties of the management 
        group.
            (2) Required degree of detail.--The contents of an annual 
        report required under paragraph (1) shall contain a degree of 
        detail that is sufficient to enable the Secretary to complete 
        each report required under subsection (g), as determined by the 
        Secretary.
    (g) Report.--Not later than 5 years after the date of enactment of 
this Act, and every 5 years thereafter, the Secretary shall submit to 
the appropriate committees of Congress a report that describes--
            (1) the manner by which the program enables the Secretary--
                    (A) to address water conflicts;
                    (B) to conserve water; and
                    (C) to improve water quality; and
            (2) each benefit that is achieved through the 
        administration of the program, including, to the maximum extent 
        practicable, a quantitative analysis of each economic, social, 
        and environmental benefit.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $2,000,000 for each of fiscal years 2008 and 2009;
            (2) $5,000,000 for fiscal year 2010;
            (3) $10,000,000 for fiscal year 2011; and
            (4) $20,000,000 for each of fiscal years 2012 through 2020.
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