[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3552 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3552

  To conserve the United States fish and aquatic communities through 
  partnerships that foster fish habitat conservation and improve the 
  quality of life for the people of the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 17), 2008

Mr. Lieberman (for himself, Mr. Bond, Mr. Voinovich, and Mrs. Clinton) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To conserve the United States fish and aquatic communities through 
  partnerships that foster fish habitat conservation and improve the 
  quality of life for the people of the United States, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Fish 
Habitat Conservation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. National Fish Habitat Board.
Sec. 5. Fish Habitat Conservation Partnerships.
Sec. 6. Fish habitat conservation projects.
Sec. 7. National Fish Habitat Conservation Partnership Office.
Sec. 8. Conservation of aquatic habitat for fish and other aquatic 
                            organisms on Federal land.
Sec. 9. Coordination with States.
Sec. 10. Accountability and reporting.
Sec. 11. Regulations.
Sec. 12. Construction.
Sec. 13. Applicability of Federal Advisory Committee Act.
Sec. 14. Funding.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Healthy populations of fish and other aquatic organisms 
        depend on the conservation, protection, restoration, and 
        enhancement of aquatic habitats in the United States.
            (2) Aquatic habitats, including wetlands, streams, rivers, 
        lakes, estuaries, coastal and marine ecosystems, and associated 
        riparian upland habitats that buffer those areas from external 
        factors, perform numerous valuable environmental functions 
        which sustain environmental, social, and cultural values, 
        including recycling nutrients, purifying water, attenuating 
        floods, augmenting and maintaining stream flows, recharging 
        ground water, acting as primary producers in the food chain, 
        and providing essential and significant habitat for plants, 
        fish and wildlife, and other dependent species.
            (3) The extensive and diverse aquatic habitat resources of 
        the United States are of enormous significance to the economy 
        of the United States, providing recreation for 44,000,000 
        anglers, more than 1,000,000 jobs and approximately 
        $125,000,000,000 in economic impact each year related to 
        recreational fishing, and approximately 500,000 jobs and an 
        additional $35,000,000,000 in economic impact from commercial 
        fishing each year.
            (4) At least 40 percent of all threatened and endangered 
        species in the United States are directly dependent upon 
        aquatic habitats.
            (5) Certain fish species are considered to be ecological 
        indicators of aquatic habitat quality, such that the presence 
        of such species in an aquatic ecosystem reflects high-quality 
        habitat for other fish.
            (6) Loss and degradation of aquatic habitat, riparian 
        habitat, water quality, and water volume caused by activities 
        such as alteration of watercourses, stream blockages, water 
        withdrawals and diversions, erosion, pollution, sedimentation, 
        and destruction or modification of wetlands have caused 
        significant declines in fish populations throughout the United 
        States, especially declines in native fish populations, and 
        result in economic losses to the United States.
            (7) Providing for the conservation and sustainability of 
        fish and other aquatic organisms has not been fully realized 
        despite federally funded fish and wildlife restoration programs 
        and other activities intended to conserve aquatic resources. 
        Such conservation and sustainability may be significantly 
        advanced through a renewed commitment and sustained, 
        cooperative efforts that are complementary to existing fish and 
        wildlife restoration programs and clean water programs.
            (8) The National Fish Habitat Action Plan provides a 
        framework for maintaining and restoring aquatic habitats to 
        ensure perpetuation of populations of fish and other aquatic 
        organisms.
            (9) The United States can achieve significant progress 
        toward providing aquatic habitats for the conservation and 
        restoration of fish and other aquatic organisms through a 
        voluntary, nonregulatory, incentive program that is based on 
        technical and financial assistance provided by the Federal 
        Government.
            (10) Creation of partnerships between local citizens, 
        Indian tribes, Alaska Native organizations, corporations, 
        nongovernmental organizations, and Federal, State, and Indian 
        tribal agencies is critical to the success of activities to 
        restore aquatic habitats and ecosystems.
            (11) The Federal Government has numerous regulatory and 
        land and water management agencies, including the United States 
        Fish and Wildlife Service, the Bureau of Land Management, the 
        National Park Service, the Bureau of Reclamation, the Bureau of 
        Indian Affairs, the National Marine Fisheries Service, the 
        Forest Service, the Fishery Management Councils, the 
        Environmental Protection Agency, and the several 
        interjurisdictional fishery commissions that are critical to 
        the implementation of the National Fish Habitat Action Plan.
            (12) The United States Fish and Wildlife Service, the 
        Forest Service, and the National Marine Fisheries Service each 
        play a vital role in the protection, restoration, and 
        enhancement of the fish communities and aquatic habitats in the 
        United States and the development, operation, and long-term 
        success of fish habitat partnerships and project 
        implementation.
            (13) The United States Geological Survey plays a vital role 
        in scientific evaluation, data collection, and mapping for 
        fishery resources in the United States.
            (14) Many of the programs for conservation on private 
        farmland, ranchland, and forestland that are carried out by the 
        Secretary of Agriculture, including the Natural Resources 
        Conservation Service and the State and Private Forestry 
        programs of the Forest Service, are able to significantly 
        contribute to the implementation of the National Fish Habitat 
        Action Plan through the engagement of private landowners.
    (b) Purposes.--The purposes of this Act are to encourage 
partnerships among public agencies and other interests consistent with 
the mission and goals of the National Fish Habitat Action Plan--
            (1) to protect and maintain intact and healthy aquatic 
        habitats;
            (2) to prevent further degradation of aquatic habitats that 
        have been adversely affected;
            (3) to reverse declines in the quality and quantity of 
        aquatic habitats to improve the overall health of fish and 
        other aquatic organisms;
            (4) to increase the quality and quantity of aquatic 
        habitats that support a broad natural diversity of fish and 
        other aquatic species;
            (5) to improve fisheries habitat, thereby improving the 
        annual economic output from recreational, subsistence, and 
        commercial fishing;
            (6) to ensure coordination and facilitation of activities 
        carried out by agencies or departments of the United States 
        under the leadership of the Director of the United States Fish 
        and Wildlife Service, the Under Secretary for Oceans and 
        Atmosphere of the Department of Commerce, and the Director of 
        the United States Geological Survey; and
            (7) to achieve other purposes in accordance with the 
        mission and goals of the National Fish Habitat Action Plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Commerce, Science and Transportation and the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Natural Resources of the House of Representatives.
            (2) Aquatic habitat.--The term ``aquatic habitat''--
                    (A) means any area upon which aquatic organisms 
                depend, directly or indirectly, to carry out the life 
                processes of such organisms, including an area used by 
                such organisms for spawning, incubation, nursery, 
                rearing, growth to maturity, food supply, or migration; 
                and
                    (B) includes an area adjacent to an aquatic 
                environment if such adjacent area--
                            (i) contributes elements, such as the input 
                        of detrital material or the promotion of 
                        planktonic and insect populations providing 
                        food, which make fish life possible;
                            (ii) protects the quality and quantity of 
                        water sources;
                            (iii) provides public access for the use of 
                        fishery resources; or
                            (iv) serves as a buffer protecting the 
                        aquatic environment.
            (3) Assistant administrator.--The term ``Assistant 
        Administrator'' means the Assistant Administrator for Fisheries 
        of the National Marine Fisheries Service.
            (4) Conservation; conserve; manage; management.--The terms 
        ``conservation'', ``conserve'', ``manage'', and ``management'' 
        mean to protect, sustain and, where appropriate, restore and 
        enhance, healthy populations of fish, wildlife, and plant life, 
        as well as the habitats that are required to sustain fish, 
        wildlife, and plant life, as well as the habitats that are 
        required to sustain fish, wildlife, and plant life productivity 
        by utilizing methods and procedures associated with modern 
        scientific resource programs, including protection, research, 
        census, law enforcement, habitat management, propagation, live 
        trapping and transplantation, and regulated taking.
            (5) Director.--Except as otherwise provided, the term 
        ``Director'' means the Director of the United States Fish and 
        Wildlife Service.
            (6) Fish.--The term ``fish'' means any freshwater, 
        diadromous, estuarine, or marine finfish or shellfish, 
        including the egg, spawn, spat, larval, and other juvenile 
        stages of such an organism.
            (7) Fish habitat conservation partnership; partnership.--
        The terms ``Fish Habitat Conservation Partnership'' and 
        ``Partnership'' mean an entity designated by the Board as a 
        Fish Habitat Conservation Partnership pursuant to section 5(c).
            (8) Fish habitat conservation project; project.--The terms 
        ``fish habitat conservation project'' and ``project'' mean a 
        project submitted to the Board by a Fish Habitat Conservation 
        Partnership and approved by the Secretary under section 6 that 
        provides for the conservation or management of aquatic habitat 
        and that may include--
                    (A) the provision of technical assistance to a 
                State, Indian tribe, or local community by the National 
                Fish Habitat Partnerships Office or other agency to 
                facilitate the development of strategies and priorities 
                for the conservation of aquatic habitats; or
                    (B) the obtaining of a real property interest in 
                land or waters, including water rights, if the 
                obtaining of such interest is subject to terms and 
                conditions that will ensure that the real property will 
                be administered for the long-term conservation of such 
                lands and waters and the fish dependent thereon.
            (9) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (10) National fish habitat action plan; plan.--The terms 
        ``National Fish Habitat Action Plan'' and ``Plan'' mean the 
        National Fish Habitat Action Plan dated April 24, 2006, and any 
        subsequent revision or amendment to that Plan.
            (11) National fish habitat board; board.--Except as 
        otherwise provided, the terms ``National Fish Habitat Board'' 
        and ``Board'' mean the National Fish Habitat Board established 
        in section 4(a).
            (12) Real property interest.--The term ``real property 
        interest'' means an ownership interest in land or waters, 
        including water rights, or a building or object that is 
        permanently affixed to the land.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) State agency.--The term ``State agency'' means the 
        fish and wildlife agency of a State, or any department, or 
        division of a department or agency of a State that is empowered 
        by statute or by the constitution of the State to manage in the 
        public trust the inland or marine fishery resources of the 
        State.

SEC. 4. NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
            (1) In general.--There is established a National Fish 
        Habitat Board--
                    (A) to promote, oversee, and coordinate the 
                implementation of this Act and the National Fish 
                Habitat Action Plan; and
                    (B) to review and recommend fish habitat 
                conservation projects.
            (2) Membership.--The members of the Board shall be as 
        follows:
                    (A) The Director.
                    (B) The Assistant Administrator.
                    (C) The Chief of the Natural Resources Conservation 
                Service.
                    (D) The Director of the Watershed, Fish, Wildlife, 
                Air & Rare Plants program of the Forest Service.
                    (E) The Assistant Administrator for Water of the 
                Environmental Protection Agency.
                    (F) The President of the Association of Fish and 
                Wildlife Agencies.
                    (G) The Secretary of the Board of Directors of the 
                National Fish and Wildlife Foundation appointed 
                pursuant to section 3(g)(2)(B) of the National Fish and 
                Wildlife Foundation Establishment Act (16 U.S.C. 
                3702(g)(2)(B)).
                    (H) Four representatives of State agencies, each 1 
                of whom is nominated by 1 of the regions Associations 
                of Fish and Wildlife Agencies (Northeast, Southeast, 
                Midwest, and Western).
                    (I) One representative of the American Fisheries 
                Society.
                    (J) Two representatives of Indian tribes, 1 of whom 
                shall represent Indian tribes from Alaska and 1 of whom 
                shall represent Indian tribes from the other States.
                    (K) One member who represents the Regional Fishery 
                Management Councils established under section 302 of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1852).
                    (L) One member who represents the Marine Fisheries 
                Commissions (the Atlantic States Marine Fisheries 
                Commission, the Gulf States Marine Fisheries 
                Commission, and the Pacific States Marine Fisheries 
                Commission).
                    (M) One representative from the Sportfishing and 
                Boating Partnership Council.
                    (N) Eleven members each of whom represents the 
                interests of 1 of the following:
                            (i) The recreational sportfishing industry.
                            (ii) The commercial sportfishing industry.
                            (iii) Subsistence fishermen.
                            (iv) Marine recreational anglers.
                            (v) Freshwater recreational anglers.
                            (vi) Terrestrial resource conservation 
                        organizations.
                            (vii) Aquatic resource conservation 
                        organizations.
                            (viii) The livestock and poultry production 
                        industry.
                            (ix) The housing development industry.
                            (x) The row crop industry.
                            (xi) Natural resource commodity interests, 
                        such as petroleum or mineral extraction.
            (3) Compensation.--Members of the Board shall serve without 
        compensation for that service.
    (b) Appointment and Terms.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a member of the Board described in subparagraphs 
        (H) through (N) of subsection (a)(2) shall serve for a term of 
        3 years.
            (2) Initial board membership.--Not later than 6 months 
        after the date of the enactment of this Act, the 
        representatives of the National Fish Habitat Board established 
        by the Plan shall appoint the initial members of the Board 
        described in subparagraphs (H) through (N) of subsection 
        (a)(2).
            (3) Transitional terms.--The initial appointments of the 
        members of the Board described in subparagraph (N) of 
        subsection (a)(2) shall be for terms as follows:
                    (A) Four shall be appointed for a term of 1 year.
                    (B) Four shall be appointed for a term of 2 years.
                    (C) Three shall be appointed for a term of 3 years.
            (4) Vacancies.--A vacancy of a member of the Board 
        described in subparagraphs (H) through (N) of subsection (a)(2) 
        shall be filled by an appointment made by the remaining members 
        of the Board.
            (5) Continuation of service.--An individual whose term of 
        service as a member of the Board expires may continue to serve 
        on the Board until a successor is appointed.
            (6) Removal.--If a member of the Board described in 
        subparagraphs (H) through (N) of subsection (a)(2) misses 3 
        consecutive regularly scheduled Board meetings, the members of 
        the Board may vote to remove that member and appoint another 
        individual in accordance with paragraph (4).
    (c) Chair.--
            (1) Election.--A Chair of the Board shall be elected by the 
        Board from among its members.
            (2) Term.--The Chair of the Board shall serve for a term of 
        3 years.
    (d) Meetings.--
            (1) In general.--The Board shall meet at the call of the 
        Chair but in no case less often than twice a year.
            (2) Public access.--All meetings of the Board shall be open 
        to the public.
    (e) Board Procedures.--
            (1) In general.--The Board shall establish procedures to 
        carry out the business of the Board that include the following:
                    (A) A requirement that a quorum of the members of 
                the Board be present to transact business.
                    (B) A requirement that no recommendations may be 
                adopted by the Board, except by the vote of \2/3\ of 
                all members present and voting.
                    (C) Procedures for setting national goals and 
                priorities for aquatic habitat conservation for the 
                purposes of this Act.
                    (D) Procedures for designating Fish Habitat 
                Conservation Partnerships under section 5.
                    (E) Procedures for reviewing, evaluating, and 
                recommending fish habitat conservation projects.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.

SEC. 5. FISH HABITAT CONSERVATION PARTNERSHIPS.

    (a) Authority To Designate.--The Board is authorized to designate 
Fish Habitat Conservation Partnerships.
    (b) Application.--An entity seeking to be designated as a Fish 
Habitat Conservation Partnership shall submit an application to the 
Board at such time and in such manner as the Board may reasonably 
require.
    (c) Purposes.--The purposes of a Partnership shall be--
            (1) to coordinate implementation of the Plan at a regional 
        level; and
            (2) to develop and carry out fish habitat conservation 
        projects.
    (d) Approval.--The Board may approve an application for a 
Partnership submitted under subsection (b) if the Board determines that 
the applicant--
            (1) includes representatives of a diverse group of public 
        and private partners, including Federal, State, or local 
        governments, nonprofit entities, Indian tribes, or private 
        individuals, that are focused on conservation of aquatic 
        habitats to achieve results across jurisdictional boundaries 
        and public and private lands;
            (2) is organized to promote the health of important aquatic 
        habitats and distinct geographic areas, keystone fish species, 
        or system types, including reservoirs, natural lakes, or 
        estuaries;
            (3) identifies strategic fish and aquatic habitat 
        priorities for the Partnership area in the form of geographic 
        focus areas or key stressors or impairments to facilitate 
        strategic planning and decisionmaking;
            (4) is able to address issues and priorities at a 
        nationally significant scale;
            (5) includes governance structures that reflect the range 
        of all partners and promotes joint strategic planning and 
        decisionmaking by the applicant;
            (6) demonstrates completion of, or significant progress 
        toward the development of, a strategic plan to address the 
        causes of system decline in fish populations rather than simply 
        treating symptoms in accordance with the Plan; and
            (7) ensures collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.

SEC. 6. FISH HABITAT CONSERVATION PROJECTS.

    (a) Submission to the Board.--A Partnership seeking funding for a 
fish habitat conservation project shall submit an application to the 
Board for such funding at such time and in such manner as the Board may 
reasonably require.
    (b) Recommendations by the Board.--Not later than July 1 of each 
year, the Board shall submit to the Secretary a description, including 
estimated costs, of each fish habitat conservation project that the 
Board recommends that the Secretary approve and fund under this Act, in 
order of priority of the Board's recommendations, for the following 
fiscal year.
    (c) Considerations.--The Board shall select each project to be 
recommended to the Secretary under subsection (b)--
            (1) based on a recommendation of the Partnership that is, 
        or that will be, participating actively in carrying out the 
        project; and
            (2) after consideration of--
                    (A) the extent to which the project fulfills a 
                purpose of this Act or a goal of the Plan;
                    (B) the extent to which the project addresses the 
                national priorities set by the Board;
                    (C) the availability of sufficient non-Federal 
                funds to match Federal contributions for the project, 
                as required by subsection (e);
                    (D) the extent to which the project--
                            (i) increases fishing opportunities for the 
                        public;
                            (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian tribes, and private 
                        entities;
                            (iii) increases public access to land and 
                        waters; and
                            (iv) advances the conservation of fish and 
                        wildlife species that are listed, or are 
                        candidates to be listed, as threatened species 
                        and endangered species under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.); 
                        and
                    (E) the substantiality of the character and design 
                of the project.
    (d) Limitations.--
            (1) Requirements for monitoring.--No fish habitat 
        conservation project may be recommended by the Board under 
        subsection (b) or provided financial assistance under this Act 
        unless the project includes a monitoring plan designed to--
                    (A) appropriately assess the results of the habitat 
                protection, restoration, or enhancement activities 
                carried out with such assistance;
                    (B) recommend appropriate changes to the project if 
                such assessment substantiates that the project 
                objectives are not being met; and
                    (C) report findings of such assessment to the 
                Board.
            (2) Acquisition of real property interests.--
                    (A) In general.--No fish habitat conservation 
                project that will result in the acquisition by the 
                Secretary, in whole or in part, of any real property 
                interest may be recommended by the Board under 
                subsection (b) or provided financial assistance under 
                this Act unless the project meets the requirements of 
                subparagraph (B).
                    (B) Requirements.--
                            (i) In general.--Any real property interest 
                        described in subparagraph (A) may not be 
                        conveyed to a State, another public agency, or 
                        other entity unless--
                                    (I) the Secretary determines that 
                                such State, agency, or other entity is 
                                obligated to undertake the management 
                                of the property being conveyed in 
                                accordance with the purposes of this 
                                Act; and
                                    (II) the deed or other instrument 
                                of transfer contains provisions for the 
                                reversion of title to the property to 
                                the United States if such State, 
                                agency, or other entity fails to manage 
                                the property in accordance with the 
                                purposes of this Act.
                            (ii) Additional conveyance conditions.--Any 
                        real property interest described in 
                        subparagraph (A) conveyed as described in 
                        clause (i) shall be subject to such terms and 
                        conditions that will ensure that the interest 
                        will be administered for the long-term 
                        conservation and management of the aquatic 
                        ecosystem and the fish and wildlife dependent 
                        thereon.
    (e) Non-Federal Contribution for Projects.--
            (1) In general.--Except as provided in paragraph (2), no 
        fish habitat conservation project may be recommended by the 
        Board under subsection (b) or provided financial assistance 
        under this Act unless at least 50 percent of the cost of the 
        project will be funded with non-Federal funds.
            (2) Projects on federal land or waters.--Notwithstanding 
        paragraph (1), Federal funds may be used for payment of 100 
        percent of the costs of a project located on Federal land or 
        waters, including the acquisition of inholdings within such 
        land and waters.
            (3) Non-federal share.--The non-Federal share of the cost 
        of a project may not be derived from a Federal grant program, 
        but may include in-kind contributions and cash.
            (4) Special rule for alaska native organizations.--
        Notwithstanding paragraph (1) or any other provision of law, 
        any funds made available to an Indian tribe pursuant to this 
        Act may be considered non-Federal funds for the purpose of 
        paragraph (1).
    (f) Consideration by the Secretary.--
            (1) In general.--Not later than 180 days after receiving 
        the recommendations of the Board for fish habitat conservation 
        projects under subsection (b), the Secretary shall approve, 
        reject, or reorder the priority of each such recommendation 
        based on, to the greatest extent practicable, the criteria 
        described in subsection (c).
            (2) Funding.--If the Secretary approves a project, the 
        Secretary shall use amounts made available pursuant to an 
        authorization of appropriations in this Act to provide funds to 
        carry out the project.
            (3) Notification by the secretary.--If the Secretary 
        rejects or reorders the priority of any project recommended by 
        the Board under subsection (b), the Secretary shall provide to 
        the Board and the appropriate Fish Habitat Conservation 
        Partnership a written statement of the reasons that the 
        Secretary rejected or modified the priority of the project.

SEC. 7. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE.

    (a) Requirement To Establish.--Not later than 1 year after the date 
of the enactment of this Act, the Director shall create the National 
Fish Habitat Conservation Partnership Office within the United States 
Fish and Wildlife Service.
    (b) Functions.--The National Fish Habitat Conservation Partnership 
Office shall--
            (1) provide funding for the operational needs of the Fish 
        Habitat Conservation Partnerships, including funding for 
        activities such as planning, project development and 
        implementation, coordination, monitoring, communication, and 
        outreach;
            (2) facilitate the cooperative development and approval of 
        Partnerships;
            (3) support the development and implementation of fish 
        habitat conservation projects that are identified as high 
        priorities by the Board;
            (4) assist the Secretary and the Board in carrying out this 
        Act;
            (5) assist the Secretary in carrying out the requirements 
        of section 9;
            (6) facilitate communication, cohesiveness, and efficient 
        operations for the benefit of the Partnerships and the Board;
            (7) facilitate, with assistance from the Director, the 
        Assistant Administrator, and the President of the Association 
        of Fish and Wildlife Agencies, the consideration of projects by 
        the Board;
            (8) provide support to the Director in the development and 
        implementation of the interagency operational plan required in 
        subsection (c);
            (9) provide technical and scientific assistance pursuant to 
        the technical and scientific assistance program required by 
        subsection (d); and
            (10) coordinate and facilitate the resources and activities 
        of the agencies and departments of the United States to carry 
        out this Act in an efficient manner.
    (c) Interagency Operational Plan.--Not later than 1 year after the 
date of the enactment of this Act and every 5 years thereafter, the 
Director, in cooperation with the Assistant Administrator and the heads 
of other appropriate Federal agencies and departments, shall develop an 
interagency operational plan for the National Fish Habitat Conservation 
Partnership Office that describes--
            (1) the functional, operational, technical, scientific and 
        general staff, administrative, and material needs of the 
        Office; and
            (2) any interagency agreements between or among Federal 
        agencies or departments to address such needs.
    (d) Technical and Scientific Assistance.--The Director, in 
coordination with the Assistance Administrator and the heads of the 
United States Geological Survey, the Forest Service, and other 
appropriate Federal agencies and departments, shall develop a technical 
and scientific assistance program within the National Fish Habitat 
Conservation Partnership Office--
            (1) to provide scientific and technical assistance to 
        States, Indian tribes, regions, local communities, and 
        nongovernmental organizations in the development and 
        implementation of Fish Habitat Conservation Partnerships; and
            (2) to ensure the availability of expertise to conduct 
        scientifically based evaluation and reporting of results of 
        fish habitat conservation projects to meet the reporting 
        requirements described in section 10.
    (e) Staff and Support.--
            (1) Departments of the interior and commerce.--The Director 
        and the Assistant Administrator shall each provide appropriate 
        staff to support the National Fish Habitat Conservation 
        Partnership Office.
            (2) States.--The States are encouraged to provide staff to 
        support the National Fish Habitat Conservation Partnership 
        Office.
            (3) Detailees and contractors.--The National Fish Habitat 
        Conservation Partnership Office may accept staff or other 
        administrative support from other entities through interagency 
        details or as contractors.
            (4) Qualifications.--The members of the staff of the 
        National Fish Habitat Conservation Partnership Office shall 
        have education and experience in the principles of fish, 
        wildlife, and aquatic habitat conservation.
    (f) Reporting.--Not less frequently than once each year, the 
Director shall provide to the Board a report on the activities of the 
National Fish Habitat Conservation Partnership Office.

SEC. 8. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER AQUATIC 
              ORGANISMS ON FEDERAL LAND.

    The head of each Federal agency or department responsible for 
acquiring, managing, or disposing of Federal land and waters shall, to 
the extent consistent with the mission of such agency or department and 
existing statutory authorities, cooperate with the Assistant 
Administrator and the Director to conserve the aquatic habitats for 
fish and other aquatic organisms within the land and waters of each 
such agency.

SEC. 9. COORDINATION WITH STATES.

    The Secretary shall notify and coordinate with the State agency of 
a State not later than 30 days prior to the date that any action is 
planned or carried out within the State related to the implementation 
of this Act.

SEC. 10. ACCOUNTABILITY AND REPORTING.

    (a) Implementation Reports.--
            (1) Requirement for reports.--Not later than 2 years after 
        the date of the enactment of this Act, and every 2 years 
        thereafter, the Board shall submit to the appropriate 
        congressional committees a report on the implementation of this 
        Act and of the Plan.
            (2) Content.--Each report submitted under paragraph (1) 
        shall include--
                    (A) an estimate of the number of acres, stream 
                miles, or acre feet of aquatic habitat, or other 
                suitable measures of aquatic habitat, that was 
                protected, restored, or enhanced under the Plan by 
                Federal, State, or local governments, Indian tribes, or 
                other entities in the United States during the previous 
                2-year period;
                    (B) a description of the public access to aquatic 
                habitats protected, restored, or created under the Plan 
                during such period;
                    (C) a description of the opportunities for public 
                fishing created under the Plan during such period; and
                    (D) an assessment of the status of fish habitat 
                conservation projects carried out with funds provided 
                under this Act, disaggregated by year, including--
                            (i) a description of the fish habitat 
                        conservation projects that the Board 
                        recommended under section 6(b);
                            (ii) a description of each such project 
                        approved by the Secretary under section 6(f), 
                        in order of priority of receiving such funding;
                            (iii) a justification for the approval of 
                        each such project and for the order of priority 
                        for its funding;
                            (iv) a justification for any rejection or 
                        reordering of the priority of each such project 
                        recommended by the Board under section 6(b) 
                        that was based on factors other than the 
                        criteria set out in section 6(c); and
                            (v) an accounting of expenditures by 
                        Federal, State, or local governments, Indian 
                        tribes, or other entities in the United States 
                        to carry out such projects.
    (b) Status and Trends Report.--Not later than December 31, 2010, 
and every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report on the status of aquatic habitats in 
the United States.
    (c) Revisions to the Plan.--Not later than December 31, 2011, and 
every 5 years thereafter, the Board shall undertake to revise the goals 
and other elements of the Plan after consideration of each report 
required by subsection (b).

SEC. 11. REGULATIONS.

    The Secretary may promulgate regulations to carry out this Act.

SEC. 12. CONSTRUCTION.

    (a) Water Rights.--
            (1) In general.--Nothing in this Act may be construed--
                    (A) to create a reserved water right, expressed or 
                implied, in the United States for any purpose or to 
                affect any water right in existence on the date of the 
                enactment of this Act; or
                    (B) to affect any Federal or State law in existence 
                on the date of the enactment of the Act regarding water 
                quality or water quantity.
            (2) Authority to acquire water rights.--The Secretary may 
        acquire, under State law, water rights that are needed to carry 
        out this Act.
    (b) State Authority.--Nothing in this Act may be construed--
            (1) to affect the authority, jurisdiction, or 
        responsibility of a State to manage, control, or regulate fish 
        and wildlife under the laws and regulations of the State; or
            (2) to authorize the Secretary to control or regulate 
        within a State the fishing or hunting of fish and wildlife 
        within the State.
    (c) Construction With Respect to Rights of Indian Tribes.--Nothing 
in this Act may be construed to abrogate, abridge, affect, modify, 
supersede, or alter any treaty-reserved right or other right of an 
Indian tribe as recognized by any other means, including agreements 
with the United States, Federal law, Executive orders, statutes, and 
judicial decrees.
    (d) Construction With Respect to Suits for Adjudication of Water 
Rights.--Nothing in this Act diminishes or affects the ability of the 
Secretary to join an adjudication of rights to the use of water 
pursuant to subsections (a), (b), and (c) of section 208 of the 
Department of Justice Appropriation Act (43 U.S.C. 666).
    (e) Construction With Respect to Other Authorities.--
            (1) Acquisition of lands and waters.--Nothing in this Act 
        may be construed to affect, alter, or modify the authorities, 
        responsibilities, obligations, or powers of the Secretary to 
        acquire land or waters or interests therein under any other 
        provision of law.
            (2) Private property protection.--Nothing in this Act may 
        be construed to permit funds made available to carry out this 
        Act to be used to acquire any real property or any interest in 
        any real property without the written consent of each owner of 
        that property or interest in property.
            (3) Mitigation.--Nothing in this Act may be construed to 
        permit funds made available to carry out this Act to be used 
        for fish and wildlife mitigation purposes under the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Fish 
        and Wildlife Coordination Act (16 U.S.C. 661 et seq.), or the 
        Water Resources Development Act of 1986 (Public Law 99-662; 100 
        Stat. 4082).

SEC. 13. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    Any action taken to coordinate the carrying out of this Act with 
the personnel of a State agency shall not be subject to the Federal 
Advisory Committee Act (5 U.S.C. App).

SEC. 14. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Fish habitat conservation projects.--There are 
        authorized to be appropriated to the Secretary for each of the 
        fiscal years 2009 through 2013, $75,000,000 to provide funds 
        for fish habitat conservation projects approved under section 
        6(f), of which 5 percent shall be made available each fiscal 
        year for projects carried out by Indian tribes.
            (2) National fish habitat conservation partnership 
        office.--There are authorized to be appropriated to the 
        Secretary for each of the fiscal years 2009 through 2013, 
        $3,000,000 or 25 percent of the amount appropriated for each 
        such fiscal year pursuant to paragraph (1), whichever is 
        greater, for the National Fish Habitat Conservation Partnership 
        Office.
            (3) Planning, reporting, and administrative expenses.--
        There are authorized to be appropriated to the Secretary for 
        each of the fiscal years 2009 through 2013, $300,000 or 4 
        percent of the amount appropriated for each such year under 
        paragraph (1), whichever is greater, for the Board, the 
        Director, and the Assistant Administrator to utilize for 
        planning and administrative expenses, and to carry out section 
        10.
            (4) Availability of funds.--Funds made available pursuant 
        to this subsection shall remain available until expended.
    (b) Agreements and Grants.--The Secretary may--
            (1) upon the recommendation of the Board, and 
        notwithstanding sections 6304 and 6305 of title 31, United 
        States Code, or the Federal Financial Assistance Management 
        Improvement Act of 1999 (Public Law 106-107; 31 U.S.C. 6101 
        note) enter into a cooperative agreement or contract with a 
        Fish Habitat Conservation Partnership for fish habitat 
        conservation, restoration, and enhancement projects;
            (2) apply for, accept, and use grants from any person or 
        entity to carry out the purposes of this Act; and
            (3) make funds available to any Federal agency or 
        department to be used by that agency or department to award 
        grants for any fish habitat protection, restoration, and 
        enhancement project that the Secretary determines to be 
        consistent with this Act.
    (c) Donations.--
            (1) In general.--The Secretary may--
                    (A) enter into an agreement with any organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 to solicit private donations to carry out 
                the purposes and policies of this Act; and
                    (B) accept donations of funds, property, and 
                services for use in carrying out the purposes and 
                policies of this Act.
            (2) Treatment of donations.--Donations accepted under this 
        section shall be considered as gifts or bequests to, or for the 
        use of, the United States and may be used directly by the 
        Secretary or provided to other Federal agencies or departments 
        through interagency agreements.
                                 <all>