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






                                                       Calendar No. 999
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

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cooperative Watershed 
Management Act of 2008''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Management group.--The term ``management 
        group'' means a self-sustaining, cooperative watershed-wide 
        management group that--</DELETED>
                <DELETED>    (A) is comprised of each affected 
                stakeholder of the watershed that is the subject of the 
                management group;</DELETED>
                <DELETED>    (B) incorporates the perspectives of a 
                diverse array of stakeholders;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) water conservation;</DELETED>
                        <DELETED>    (ii) improved water 
                        quality;</DELETED>
                        <DELETED>    (iii) ecological resiliency; 
                        and</DELETED>
                        <DELETED>    (iv) the reduction of water 
                        conflicts.</DELETED>
        <DELETED>    (4) Program.--The term ``program'' means the 
        cooperative watershed management program established by the 
        Secretary under section 3(a).</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. PROGRAM.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) to form a management group;</DELETED>
        <DELETED>    (2) to enlarge a management group, of which the 
        eligible management entity is a member; or</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) representatives of private interests, 
        including representatives of--</DELETED>
                <DELETED>    (A) hydroelectric production;</DELETED>
                <DELETED>    (B) livestock grazing;</DELETED>
                <DELETED>    (C) timber production;</DELETED>
                <DELETED>    (D) land development;</DELETED>
                <DELETED>    (E) recreation or tourism;</DELETED>
                <DELETED>    (F) irrigated agricultural production; 
                and</DELETED>
                <DELETED>    (G) the environment;</DELETED>
        <DELETED>    (2) any Federal agency that has authority with 
        respect to the watershed, including not less than 1 
        representative of--</DELETED>
                <DELETED>    (A) the Department of 
                Agriculture;</DELETED>
                <DELETED>    (B) the Department of the Interior; 
                and</DELETED>
                <DELETED>    (C) the National Oceanic and Atmospheric 
                Administration;</DELETED>
        <DELETED>    (3) any State or local agency that has authority 
        with respect to the watershed; and</DELETED>
        <DELETED>    (4) any member of an Indian tribe that owns land 
        within the watershed or has land in the watershed held in 
        trust.</DELETED>
<DELETED>    (c) Application.--</DELETED>
        <DELETED>    (1) Establishment of application process; 
        criteria.--Not later than 1 year after the date of enactment of 
        this Act, the Secretary shall establish--</DELETED>
                <DELETED>    (A) an application process under which 
                each eligible management entity may apply for a grant 
                under this section; and</DELETED>
                <DELETED>    (B) criteria for consideration of the 
                application of each eligible management 
                entity.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (d) Distribution of Grant Funds.--</DELETED>
        <DELETED>    (1) In general.--In distributing grant funds under 
        this section, the Secretary shall comply with paragraph 
        (2).</DELETED>
        <DELETED>    (2) Funding procedure.--</DELETED>
                <DELETED>    (A) First phase.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (ii) Mandatory use of funds.--A 
                        grant recipient that receives funds through a 
                        grant during the first phase shall use the 
                        funds--</DELETED>
                                <DELETED>    (I) to establish or 
                                enlarge a management group;</DELETED>
                                <DELETED>    (II) to develop a mission 
                                statement for the management group; 
                                and</DELETED>
                                <DELETED>    (III) to develop project 
                                concepts.</DELETED>
                        <DELETED>    (iii) Annual determination of 
                        eligibility.--</DELETED>
                                <DELETED>    (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.</DELETED>
                                <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) fully formed, 
                                including the drafting and approval of 
                                articles of incorporation and bylaws 
                                governing the organization; 
                                and</DELETED>
                                <DELETED>    (II) fully functional, 
                                including holding regular meetings, 
                                having reached a consensus on the 
                                mission of the group, and having 
                                developed project concepts.</DELETED>
                <DELETED>    (B) Second phase.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (iii) Annual determination of 
                        eligibility.--</DELETED>
                                <DELETED>    (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.</DELETED>
                                <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) completed each 
                                requirement with respect to each year 
                                of the second phase; and</DELETED>
                                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Third phase.--</DELETED>
                        <DELETED>    (i) Funding limitation.--
                        </DELETED>
                                <DELETED>    (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.</DELETED>
                                <DELETED>    (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).</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Permissive use of funds.--A grant recipient 
        that receives funds through a grant under this section may use 
        the funds--</DELETED>
                <DELETED>    (A) to pay for--</DELETED>
                        <DELETED>    (i) the administrative costs of 
                        the management group of the grant 
                        recipient;</DELETED>
                        <DELETED>    (ii) the salary of not more than 1 
                        full-time employee of the management group of 
                        the grant recipient; and</DELETED>
                        <DELETED>    (iii) any legal fees of the grant 
                        recipient arising from the establishment of the 
                        management group of the grant 
                        recipient;</DELETED>
                <DELETED>    (B) to fund--</DELETED>
                        <DELETED>    (i) studies of the watershed that 
                        is managed by the management group of the grant 
                        recipient; and</DELETED>
                        <DELETED>    (ii) any project--</DELETED>
                                <DELETED>    (I) described in the 
                                mission statement of the management 
                                group of the grant recipient; 
                                and</DELETED>
                                <DELETED>    (II) to be carried out by 
                                the management group of the grant 
                                recipient to achieve any goal of the 
                                management group;</DELETED>
                <DELETED>    (C) to carry out demonstration projects 
                relating to water conservation or alternative water 
                uses; and</DELETED>
                <DELETED>    (D) to expand a management group that is 
                established by the grant recipient.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Cost Share.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Projects carried out under second phase.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) $100,000; or</DELETED>
                        <DELETED>    (ii) 20 percent of the total 
                        amount of the Federal share provided to the 
                        management group to carry out the watershed 
                        management project.</DELETED>
                <DELETED>    (C) Form of non-federal share.--The non-
                Federal share under subparagraph (A) may be in the form 
                of any in-kind contributions.</DELETED>
        <DELETED>    (3) Projects carried out under third phase.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) $100,000; or</DELETED>
                        <DELETED>    (ii) 20 percent of the total 
                        amount of the Federal share provided to the 
                        management group to carry out the watershed 
                        management project.</DELETED>
                <DELETED>    (C) Form of non-federal share.--The non-
                Federal share under subparagraph (A) may be in the form 
                of any in-kind contributions.</DELETED>
<DELETED>    (f) Annual Reports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the manner by which the program enables the 
        Secretary--</DELETED>
                <DELETED>    (A) to address water conflicts;</DELETED>
                <DELETED>    (B) to conserve water; and</DELETED>
                <DELETED>    (C) to improve water quality; 
                and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--</DELETED>
        <DELETED>    (1) $2,000,000 for each of fiscal years 2008 and 
        2009;</DELETED>
        <DELETED>    (2) $5,000,000 for fiscal year 2010;</DELETED>
        <DELETED>    (3) $10,000,000 for fiscal year 2011; 
        and</DELETED>
        <DELETED>    (4) $20,000,000 for each of fiscal years 2012 
        through 2020.</DELETED>

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 a 
        watershed group that the Secretary has selected to receive a 
        grant under section 3(c)(2).
            (3) Program.--The term ``program'' means the Cooperative 
        Watershed Management Program established by the Secretary under 
        section 3(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Watershed group.--The term ``watershed group'' means a 
        self-sustaining, cooperative watershed-wide group that--
                    (A) is comprised of representatives of the affected 
                stakeholders of the relevant watershed;
                    (B) incorporates the perspectives of a diverse 
                array of stakeholders, including, to the maximum extent 
                practicable--
                            (i) representatives of--
                                    (I) hydroelectric production;
                                    (II) livestock grazing;
                                    (III) timber production;
                                    (IV) land development;
                                    (V) recreation or tourism;
                                    (VI) irrigated agricultural 
                                production;
                                    (VII) the environment;
                                    (VIII) potable water purveyors and 
                                industrial water users; and
                                    (IX) private property owners within 
                                the watershed;
                            (ii) any Federal agency that has authority 
                        with respect to the watershed;
                            (iii) any State agency that has authority 
                        with respect to the watershed;
                            (iv) any local agency that has authority 
                        with respect to the watershed; and
                            (v) any Indian tribe that--
                                    (I) owns land within the watershed; 
                                or
                                    (II) has land in the watershed that 
                                is held in trust;
                    (C) is a grassroots, nonregulatory entity that 
                addresses water availability and quality issues within 
                the relevant watershed;
                    (D) is capable of promoting the sustainable use of 
                the water resources of the relevant watershed 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; and
                    (E) makes decisions on a consensus basis, as 
                defined in the bylaws of the watershed group.
            (6) Watershed management project.--The term ``watershed 
        management project'' means any project (including a 
        demonstration project) that--
                    (A) enhances water conservation, including 
                alternative water uses;
                    (B) improves water quality;
                    (C) improves ecological resiliency of a river or 
                stream;
                    (D) reduces the potential for water conflicts; or
                    (E) advances any other goals associated with water 
                quality or quantity that the Secretary determines to be 
                appropriate.

SEC. 3. PROGRAM.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a program, to be 
known as the ``Cooperative Watershed Management Program'', under which 
the Secretary shall provide grants--
            (1)(A) to form a watershed group; or
            (B) to enlarge a watershed group; and
            (2) to conduct 1 or more projects in accordance with the 
        goals of a watershed group.
    (b) 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 for the program; and
                    (B) in consultation with the States, prioritization 
                and eligibility criteria for considering applications 
                submitted in accordance with the application process.
    (c) Distribution of Grant Funds.--
            (1) In general.--In distributing grant funds under this 
        section, the Secretary--
                    (A) shall comply with paragraph (2); and
                    (B) may give priority to watershed groups that--
                            (i) represent maximum diversity of 
                        interests; or
                            (ii) serve subbasin-sized watersheds with 
                        an 8-digit hydrologic unit code, as defined by 
                        the United States Geological Survey.
            (2) Funding procedure.--
                    (A) First phase.--
                            (i) In general.--The Secretary may provide 
                        to a grant recipient a first-phase grant in an 
                        amount 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 a first-phase grant 
                        shall use the funds--
                                    (I) to establish or enlarge a 
                                watershed group;
                                    (II) to develop a mission statement 
                                for the watershed group;
                                    (III) to develop project concepts; 
                                and
                                    (IV) to develop a restoration plan.
                            (iii) Annual determination of 
                        eligibility.--
                                    (I) Determination.--For each year 
                                of a first-phase grant, 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 following year.
                            (iv) Advancement conditions.--A grant 
                        recipient shall not be eligible to receive a 
                        second-phase grant under subparagraph (B) until 
                        the date on which the Secretary determines that 
                        the watershed group--
                                    (I) has approved articles of 
                                incorporation and bylaws governing the 
                                organization; and
                                    (II)(aa) holds regular meetings;
                                    (bb) has completed a mission 
                                statement; and
                                    (cc) has developed a restoration 
                                plan and project concepts for the 
                                watershed.
                            (v) Exception.--A watershed group that has 
                        not applied for or received first-phase grants 
                        may apply for and receive second-phase grants 
                        under subparagraph (B) if the Secretary 
                        determines that the group has satisfied the 
                        requirements of first-phase grants.
                    (B) Second phase.--
                            (i) In general.--A watershed group may 
                        apply for and receive second-phase grants of 
                        $1,000,000 each year for a period of not more 
                        than 4 years if--
                                    (I) the watershed group has applied 
                                for and received watershed grants under 
                                subparagraph (A); or
                                    (II) the Secretary determines that 
                                the watershed group has satisfied the 
                                requirements of first-phase grants.
                            (ii) Mandatory use of funds.--A grant 
                        recipient that receives a second-phase grant 
                        shall use the funds to plan and carry out 
                        watershed management projects.
                            (iii) Annual determination of 
                        eligibility.--
                                    (I) Determination.--For each year 
                                of the second-phase grant, 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 
                                justifies additional funding, the 
                                Secretary shall provide to the grant 
                                recipient grant funds for the following 
                                year.
                            (iv) Advancement condition.--A grant 
                        recipient shall not be eligible to receive a 
                        third-phase grant under subparagraph (C) until 
                        the date on which the Secretary determines that 
                        the grant recipient has--
                                    (I) completed each requirement of 
                                the second-phase grant; and
                                    (II) demonstrated that 1 or more 
                                pilot projects of the grant recipient 
                                have resulted in demonstrable 
                                improvements, as determined by the 
                                Secretary, 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), the Secretary may 
                                provide to a grant recipient a third-
                                phase grant in an amount 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 third-
                                phase 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 further the purposes of the program 
                                in a way that could not otherwise be 
                                achieved by the grant recipient using 
                                the amount described in subclause (I).
                            (ii) Mandatory use of funds.--A grant 
                        recipient that receives a third-phase grant 
                        shall use the funds to plan and carry out at 
                        least 1 watershed management project.
            (3) Authorizing use of funds for administrative and other 
        costs.--A grant recipient that receives a grant under this 
        section may use the funds--
                    (A) to pay for--
                            (i) administrative and coordination costs, 
                        if the costs are not greater than the lesser 
                        of--
                                    (I) 20 percent of the total amount 
                                of the grant; or
                                    (II) $100,000;
                            (ii) the salary of not more than 1 full-
                        time employee of the watershed group; and
                            (iii) any legal fees arising from the 
                        establishment of the relevant watershed group; 
                        and
                    (B) to fund--
                            (i) water quality and quantity studies of 
                        the relevant watershed; and
                            (ii) the planning, design, and 
                        implementation of any projects relating to 
                        water quality or quantity.
    (d) Cost Share.--
            (1) Planning.--The Federal share of the cost of an activity 
        provided assistance through a first-phase grant shall be 100 
        percent.
            (2) Projects carried out under second phase.--
                    (A) In general.--The Federal share of the cost of 
                any activity of a watershed management project provided 
                assistance through a second-phase grant shall not 
                exceed 50 percent of the total cost of the activity.
                    (B) Form of non-federal share.--The non-Federal 
                share under subparagraph (A) may be in the form of in-
                kind contributions.
            (3) Projects carried out under third phase.--
                    (A) In general.--The Federal share of the costs of 
                any activity of a watershed group of a grant recipient 
                relating to a watershed management project provided 
                assistance through a third-phase grant shall not exceed 
                50 percent of the total costs of the watershed 
                management project.
                    (B) Form of non-federal share.--The non-Federal 
                share under subparagraph (A) may be in the form of in-
                kind contributions.
    (e) Annual Reports.--
            (1) In general.--Not later than 1 year after the date on 
        which a grant recipient first receives funds under this 
        section, and annually thereafter, in accordance with paragraph 
        (2), the watershed group shall submit to the Secretary a report 
        that describes the progress of the watershed group.
            (2) Required degree of detail.--The contents of an annual 
        report required under paragraph (1) shall contain sufficient 
        information to enable the Secretary to complete each report 
        required under subsection (f), as determined by the Secretary.
    (f) 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 Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
that describes--
            (1) the ways in which the program assists the Secretary--
                    (A) in addressing water conflicts;
                    (B) in conserving water;
                    (C) in improving water quality; and
                    (D) in improving the ecological resiliency of a 
                river or stream; and
            (2) benefits that the program provides, including, to the 
        maximum extent practicable, a quantitative analysis of 
        economic, social, and environmental benefits.
    (g) 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.

SEC. 4. EFFECT OF ACT.

    Nothing in this Act affects the applicability of any Federal, 
State, or local law with respect to any watershed group.
                                                       Calendar No. 999

110th CONGRESS

  2d Session

                                S. 3085

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment