1.Short title; table of contents
(a)This Act may be cited as the
National Fish Habitat Conservation
Act
.
(b)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.
2.
(a)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)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.
3.In this Act:
(1)Appropriate congressional
committeesThe 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)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)The term Assistant
Administrator means the Assistant Administrator for Fisheries of the
National Marine Fisheries Service.
(4)Conservation; conserve; manage;
managementThe 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)Except as otherwise provided, the term
Director means the Director of the United States Fish and Wildlife
Service.
(6)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;
PartnershipThe 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;
projectThe 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)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;
PlanThe 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;
BoardExcept as otherwise
provided, the terms National Fish Habitat Board
and
Board
mean the National Fish Habitat Board established in
section 4(a).
(12)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)The term Secretary means the
Secretary of the Interior.
(14)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.
4.National Fish Habitat Board
(a)
(1)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)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)Members of the Board shall serve without
compensation for that service.
(b)
(1)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)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)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)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)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)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)
(1)A Chair of the Board shall be elected by
the Board from among its members.
(2)The Chair of the Board shall serve for a
term of 3 years.
(d)
(1)The Board shall meet at the call of the
Chair but in no case less often than twice a year.
(2)All meetings of the Board shall be open to
the public.
(e)
(1)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)A majority of the members of the Board
shall constitute a quorum.
5.Fish Habitat Conservation
Partnerships
(a)The Board is authorized to designate Fish
Habitat Conservation Partnerships.
(b)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)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)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.
6.Fish habitat conservation projects
(a)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 BoardNot 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)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)
(1)Requirements for monitoringNo 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)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)
(i)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
conditionsAny 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)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
watersNotwithstanding
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)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
organizationsNotwithstanding
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)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)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 SecretaryIf 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.
7.National Fish Habitat Conservation
Partnership Office
(a)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)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 planNot 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
assistanceThe 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)
(1)Departments of the Interior and
CommerceThe Director and the
Assistant Administrator shall each provide appropriate staff to support the
National Fish Habitat Conservation Partnership Office.
(2)The States are encouraged to provide staff
to support the National Fish Habitat Conservation Partnership Office.
(3)Detailees and contractorsThe National Fish Habitat Conservation
Partnership Office may accept staff or other administrative support from other
entities through interagency details or as contractors.
(4)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)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.
8.Conservation of aquatic habitat for fish
and other aquatic organisms on Federal landThe 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.
9.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.
10.Accountability and reporting
(a)
(1)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)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)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)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).
11.The Secretary may promulgate regulations to
carry out this Act.
12.
(a)
(1)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
rightsThe Secretary may
acquire, under State law, water rights that are needed to carry out this
Act.
(b)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 tribesNothing 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 rightsNothing 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
watersNothing 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 protectionNothing 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)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).
13.Applicability of Federal Advisory Committee
ActAny 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).
14.
(a)Authorization of appropriations
(1)Fish habitat conservation
projectsThere 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 OfficeThere 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
expensesThere 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)Funds made available pursuant to this
subsection shall remain available until expended.
(b)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)
(1)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)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.