1.This Act may be cited as the
Cooperative Watershed Management Act
of 2008
.
2.In this Act:
(1)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)The term grant recipient means an eligible
management entity that the Secretary has selected to receive a grant under
section 3(c)(2).
(3)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)The
term program means the cooperative watershed management program
established by the Secretary under section 3(a).
(5)The
term Secretary means the Secretary of the Interior.
3.
(a)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)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)
(1)Establishment of
application process; criteriaNot 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)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 distributing grant funds under this section, the
Secretary shall comply with paragraph (2).
(2)
(A)
(i)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)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)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)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)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)
(i)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)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)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)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)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)
(i)
(I)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)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)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)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 groupA 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)
(1)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)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)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 shareThe non-Federal share under subparagraph (A)
may be in the form of any in-kind contributions.
(3)Projects carried
out under third phase
(A)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)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 shareThe non-Federal share under subparagraph (A)
may be in the form of any in-kind contributions.
(f)
(1)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 detailThe 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)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
appropriationsThere 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.
1.This Act may be cited as the
Cooperative Watershed Management Act
of 2008
.
2.In this Act:
(1)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)The term grant recipient means a watershed
group that the Secretary has selected to receive a grant under section
3(c)(2).
(3)The
term program means the Cooperative Watershed Management Program
established by the Secretary under section 3(a).
(4)The
term Secretary means the Secretary of the Interior.
(5)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
projectThe 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.
3.
(a)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)
(1)Establishment of
application process; criteriaNot 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 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)
(A)
(i)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)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)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)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)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)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)
(i)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)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)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)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)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)
(i)
(I)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)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)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 costsA 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)
(1)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)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
shareThe non-Federal share under subparagraph (A) may be in the
form of in-kind contributions.
(3)Projects carried out
under third phase
(A)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
shareThe non-Federal share under subparagraph (A) may be in the
form of in-kind contributions.
(e)
(1)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
detailThe 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)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
appropriationsThere 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.
4.Nothing in this Act
affects the applicability of any Federal, State, or local law with respect to
any watershed group.
September 16, 2008
Reported with an amendment