[Congressional Record Volume 151, Number 7 (Monday, January 31, 2005)]
[Senate]
[Pages S670-S671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL:
  S. 218. A bill to amend the Food Security Act of 1985 to provide 
incentives to landowners to protect and improve streams and riparian 
habitat; to the Committee on Agriculture, Nutrition, and Forestry.
  MR. KOHL. Mr. President, there are a number of different conservation 
programs aimed at farmers, with a variety of goals. While many of those 
programs improve water quality and stream health, none are primarily 
focused with improving fish habitat. The bill I am introducing today 
would focus USDA conservation dollars on restoring high quality fish 
habitat in streams around rural America.
  While there are millions of miles of streams throughout the country, 
few of these streams are able to support the kind of first rate 
fisheries that they have in the past. Agriculture and industry have 
altered riverbeds over the years, slowing the movement of water for 
their own purposes. The EPA and the Fish and Wildlife Service have 
found that 81 percent of all stream fish habitats in the U.S. have been 
adversely affected by either pollution or other disturbances. In places 
where alterations in the river are no longer needed, they should be 
removed to restore the ecosystem for the native fish.
  Clean, fresh, fast moving streams are a necessary requirement for 
some of our most popular game fish. Trout, one of our most valuable and 
sought-after game fish, need very specific conditions to thrive, and 
those conditions have been harder and harder to find. Currently roughly 
2 percent of all freshwater fishes are either considered rare or at 
risk. Habitat loss is part of the problem with only 19 percent of 
streams and rivers in the lower 48 of high enough quality for wild or 
scenic status.

[[Page S671]]

  This bill, the Stream Habitat Improvement Program, is about more than 
just preserving an ecosystem or building wildlife populations, this is 
also about tourism and recreation. Fishing in this country is big 
business. In Wisconsin alone there are almost 950,000 anglers, and 
almost half a million more come from out of State to fish in Wisconsin. 
Together these anglers spend $1 billion on fishing related expenses in 
our State. Nationwide recreational fishing is related to $41 billion in 
economic activity. An industry with this much impact around the country 
deserves our consideration.
  The bill introduced today would provide payments to farmers who 
engage in conservation projects that improve stream health. The bill is 
based on the Wildlife Habitat Improvement Program, but focused more 
closely on streams, creeks, and rivers. Farmers who participate in the 
program will make improvements on streams running through their 
property. Improvements could include repairing shoreline, removing 
barriers to fish passage, and planting trees to shade the water and 
strengthen stream banks. Farmers who are willing to make the efforts to 
improve spawning grounds and add cover for fish can do a lot to 
rehabilitate this resource.
  Not every river and stream needs to be returned to its natural state, 
or be granted wild and scenic status. But this bill tries to take a 
small step toward repairing a resource for the future. Fishing, 
especially trout and fly fishing, are big business in this country, as 
well as important environmental indicators. Our efforts to further 
stream quality will have both economic benefits as well as natural 
ones, and those are the kind of efforts that everyone in Congress can 
get behind. I ask unanimous consent that the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 218

       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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