[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3608 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3608

 To establish a Salmon Stronghold Partnership program to protect wild 
                 Pacific salmon and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

Ms. Cantwell (for herself, Ms. Murkowski, Mrs. Murray, Mr. Wyden, Mrs. 
   Boxer, Mrs. Feinstein, Mr. Smith, and Mr. Stevens) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To establish a Salmon Stronghold Partnership program to protect wild 
                 Pacific salmon 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 ``Pacific Salmon 
Stronghold Conservation Act of 2008''.
    (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. Establishment of Salmon Stronghold Partnership Board.
Sec. 5. Information and assessment.
Sec. 6. Salmon stronghold watershed grants and technical assistance 
                            program.
Sec. 7. Conservation of salmon strongholds on Federal land.
Sec. 8. Conditions relating to salmon stronghold conservation projects.
Sec. 9. Allocation of amounts.
Sec. 10. Accountability and reporting.
Sec. 11. Regulations.
Sec. 12. Limitations.
Sec. 13. Private property protection.

SEC. 2. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) salmon are a central part of the culture, economy, and 
        environment of Western North America;
            (2) economic activities relating to salmon generate 
        billions of dollars of economic activity and provide thousands 
        of jobs;
            (3) during the anticipated rapid environmental change 
        during the several decade period beginning on the date of 
        enactment of this Act, maintaining key ecosystem processes and 
        functions, population abundance, and genetic integrity are 
        vital to ensuring the health of salmon populations;
            (4) salmon strongholds provide critical production zones 
        for commercial and recreational fisheries;
            (5) taking into consideration the frequency of fisheries 
        collapses during the period immediately preceding the date of 
        enactment of this Act, conserving core centers of abundance, 
        productivity, and diversity is vital to sustain salmon 
        populations and fisheries into the future;
            (6) measures being undertaken as of the date of enactment 
        of this Act to recover threatened or endangered salmon stocks 
        are vital, but must be complemented by identifying and 
        sustaining core centers of abundance, productivity, and 
        diversity in the healthiest remaining salmon ecosystems 
        throughout the salmon range; and
            (7) greater coordination between public and private actors 
        can assist salmon strongholds by marshaling and focusing 
        resources on high priority protection and restoration actions.
    (b) Purposes.--The purposes of this Act are--
            (1) to expand Federal support for the protection and 
        restoration of the healthiest remaining salmon strongholds in 
        North America to sustain core centers of salmon abundance, 
        productivity, and diversity in order to prevent decline of 
        salmon populations--
                    (A) in the States of Washington, Idaho, Oregon, and 
                California, by focusing resources on cooperative, 
                incentive-based efforts to protect the roughly 20 
                percent of salmon habitat that supports approximately 
                \2/3\ of salmon abundance; and
                    (B) in the State of Alaska, a regional stronghold 
                that produces over \1/3\ of all Pacific salmon, by 
                increasing resources available to public and private 
                organizations working cooperatively to protect regional 
                core centers of salmon abundance and diversity;
            (2) to obtain long-term funding for implementation of 
        salmon stronghold strategies, including the bundling and 
        delivery of incentive-based conservation measures;
            (3) to promote economic co-benefits associated with healthy 
        and restored salmon stronghold habitat, including flood 
        protection, recreation, water quantity and quality, climate 
        benefits, and other ecosystem services; and
            (4) to accelerate as applicable the implementation of 
        recovery plans for salmon populations listed as threatened or 
        endangered under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.) within salmon strongholds.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Assistant Administrator for the National Marine Fisheries 
        Service of the National Oceanic and Atmospheric Administration.
            (2) Board.--The term ``Board'' means the Salmon Stronghold 
        Partnership Board established under section 4(a).
            (3) Charter.--The term ``Charter'' means the charter 
        developed under section 4(g).
            (4) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (5) Ecosystem services.--The term ``ecosystem services'' 
        means an ecological benefit generated from a healthy, 
        functioning ecosystem, including clean water, pollutant 
        filtration, regulation of river flow, prevention of soil 
        erosion, regulation of climate, and fish production.
            (6) Program.--The term ``program'' means the salmon 
        stronghold watershed grants and technical assistance program 
        established under section 6(a).
            (7) Salmon.--The term ``salmon'' means any of the wild 
        anadromous Oncorhynchus species in the Western United States, 
        including--
                    (A) chum salmon (Oncorhynchus keta);
                    (B) pink salmon (Oncorhynchus gorbuscha);
                    (C) sockeye salmon (Oncorhynchus nerka);
                    (D) chinook salmon (Oncorhynchus tshawytscha);
                    (E) coho salmon (Oncorhynchus kisutch); and
                    (F) steelhead trout (Oncorhynchus mykiss).
            (8) Salmon stronghold.--The term ``salmon stronghold'' 
        means all or part of a watershed that meets biological criteria 
        for abundance, productivity, diversity (life history and run 
        timing), habitat quality, or other biological attributes 
        important to sustaining viable populations of salmon throughout 
        the salmon range.
            (9) Salmon stronghold partnership.--The term ``Salmon 
        Stronghold Partnership'' means a cooperative, incentive-based, 
        public-private partnership between Federal, State, tribal, 
        private, and non-governmental organizations working across 
        political boundaries, government jurisdictions, and land 
        ownerships to identify and protect salmon strongholds.
            (10) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of Commerce.

SEC. 4. ESTABLISHMENT OF SALMON STRONGHOLD PARTNERSHIP BOARD.

    (a) Establishment.--There is established a Board to be known as the 
``Salmon Stronghold Partnership Board''.
    (b) Membership.--The members of the Board shall include members 
from Federal, State, tribal, and non-governmental organizations, and 
other entities with significant resources regionally dedicated to 
protection of wild salmon ecosystems, including--
            (1) one representative from each of--
                    (A) the National Oceanic and Atmospheric 
                Administration;
                    (B) the United States Fish and Wildlife Service;
                    (C) the Forest Service;
                    (D) the Environmental Protection Agency;
                    (E) the Bonneville Power Administration;
                    (F) the Bureau of Land Management; and
                    (G) the Northwest Power and Conservation Council;
            (2) State representatives from the Governor's Office or the 
        appropriate natural resource agencies, as determined by the 
        Board, from each of the States of--
                    (A) Oregon;
                    (B) Washington;
                    (C) California;
                    (D) Idaho; and
                    (E) Alaska;
            (3) three representatives from West Coast Indian tribes;
            (4) one representative from each of 3 non-governmental 
        organizations selected by the Board; and
            (5) any other members that the Board determines are 
        appropriate.
    (c) Board Consultation.--The Board may seek expertise from 
fisheries experts from appropriate agencies or universities.
    (d) Meetings.--
            (1) Frequency.--Not less frequently than 3 times each year, 
        the Board shall hold Salmon Stronghold Partnership meetings to 
        provide opportunities for input from a broader set of 
        stakeholders.
            (2) Notice.--Prior to each Salmon Stronghold Partnership 
        meeting, the Board shall give timely notice of the meeting to 
        the public and to the government of each county in which a 
        salmon stronghold is identified by the Board.
    (e) Chairperson.--The Board shall nominate and select a Chairperson 
from among the members of the Board.
    (f) Committees.--The Board may establish standing or ad hoc 
committees, including a science advisory committee.
    (g) Charter.--The Board shall develop a written Charter that--
            (1) provides for the members of the Board described in 
        subsection (b);
            (2) may be signed by a broad range of partners, to reflect 
        a shared understanding of the purposes, intent, and governance 
        framework of the Salmon Stronghold Partnership; and
            (3) shall include--
                    (A) a description of the process for identifying 
                salmon strongholds; and
                    (B) the process for reviewing and selecting 
                watershed grants under section 6, including--
                            (i) the number of years for which grants 
                        can be issued;
                            (ii) the process for renewing grants;
                            (iii) a description of grant eligibility;
                            (iv) reporting requirements for selected 
                        projects; and
                            (v) criteria for evaluation of the success 
                        of a project.
    (h) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Board.

SEC. 5. INFORMATION AND ASSESSMENT.

    The Administrator shall carry out specific information and 
assessment functions associated with the network of salmon strongholds, 
in coordination with other regional salmon efforts, including--
            (1) triennial assessment of status and trends in network 
        sites;
            (2) geographic information system and mapping support to 
        facilitate conservation planning;
            (3) development and application of models and other tools 
        to identify highest value conservation actions within salmon 
        strongholds; and
            (4) measurement of the effectiveness of the Salmon 
        Stronghold Partnership activities.

SEC. 6. SALMON STRONGHOLD WATERSHED GRANTS AND TECHNICAL ASSISTANCE 
              PROGRAM.

    (a) In General.--The Administrator, in consultation with the 
Director, shall establish a salmon stronghold watershed grants and 
technical assistance program, as described in this section.
    (b) Purpose.--The purpose of the program shall be to support salmon 
stronghold protection and restoration activities, including--
            (1) to fund the administration of the Salmon Stronghold 
        Partnership in carrying out the Charter;
            (2) to encourage cooperation among the entities represented 
        on the Board, local authorities, and private entities to 
        establish a network of salmon strongholds, and assist locally 
        in specific actions that support the Salmon Stronghold 
        Partnership;
            (3) to work with entities represented on the Board--
                    (A) to develop strategies focusing on the highest 
                value salmon conservation actions in salmon 
                strongholds; and
                    (B) in addition to protection actions, including 
                voluntary acquisitions and easements, to provide 
                financial assistance to the Salmon Stronghold 
                Partnership to develop innovative financial mechanisms 
                to increase local economic opportunities and resources 
                for actions or practices that provide long-term or 
                permanent protection and maintain key ecosystem 
                services in salmon strongholds, including--
                            (i) approaches to explore a payment for 
                        ecosystem services model that values and 
                        compensates individuals or groups for actions 
                        taken, or not taken, and that preserves, 
                        increases, or maintains key ecosystem services; 
                        and
                            (ii) carrying out several demonstration 
                        projects designed for specific salmon 
                        strongholds;
            (4) to maintain a forum to share best practices and 
        approaches, employ consistent and comparable metrics, and 
        monitor, evaluate, and report regional status and trends of 
        salmon ecosystems in coordination with related regional and 
        State efforts;
            (5) to carry out activities and existing conservation 
        programs in, and across, salmon strongholds on a regional scale 
        to achieve the goals of the Salmon Stronghold Partnership;
            (6) to develop and make information available to the public 
        pertaining to the Salmon Stronghold Partnership; and
            (7) to conduct education outreach to the public to 
        encourage increased stewardship of salmon strongholds.
    (c) Selection.--
            (1) Administration and selection.--The Administrator, in 
        consultation with the Board, shall establish a process to 
        select grant applicants and administer the grants made under 
        this section.
            (2) Criteria for approval.--Subject to subsection (d), a 
        project may be approved to receive a grant under this section 
        if--
                    (A) the project contributes to the protection and 
                restoration of salmon;
                    (B) the project meets criteria regarding geographic 
                and programmatic parameters for strategic investments 
                in Salmon Strongholds, as identified and periodically 
                revised by the Board preceding each grant review 
                process; and
                    (C) the project--
                            (i)(I) addresses a key factor limiting or 
                        threatening to limit abundance, productivity, 
                        diversity, habitat quality, or other biological 
                        attributes important to sustaining viable wild 
                        salmon populations within a Salmon Stronghold; 
                        or
                            (II) a programmatic action that supports 
                        the Salmon Stronghold Partnership;
                            (ii) addresses major limiting factors to 
                        healthy ecosystem processes or sustainable 
                        fisheries management; and
                            (iii) has the potential for major 
                        conservation benefits and potentially 
                        exportable results.
    (d) Acquisition of Real Property Interests.--No project that will 
result in the acquisition by the Secretary or the Secretary of the 
Interior of any land or interest in land, in whole or in part, may 
receive funds under this Act unless the project is consistent with the 
purposes of this Act.
    (e) Project Reporting.--Each grantee under this section shall 
provide periodic reports to the Administrator that include such 
information as the Administrator may require to evaluate the progress 
and success of the project.
    (f) Staff.--Subject to the availability of appropriations, the 
Administrator may hire such additional full-time employees as are 
necessary to carry out this Act.
    (g) Authorization of Appropriations.--
            (1) Grants.--There is authorized to be appropriated to the 
        Administrator, to be distributed by the National Fish and 
        Wildlife Foundation as a fiscal agent, to provide grants under 
        this section $15,000,000 for each of fiscal years 2009 through 
        2013, to remain available until expended.
            (2) Technical assistance.--For each of fiscal years 2009 
        through 2013, there is authorized to be appropriated to the 
        Administrator an additional $300,000 to carry out this section 
        and section 5, to remain available until expended.

SEC. 7. CONSERVATION OF SALMON STRONGHOLDS ON FEDERAL LAND.

    The head of each Federal agency responsible for acquiring, 
managing, or disposing of Federal land in salmon strongholds shall, to 
the extent consistent with the mission of the agency and existing 
statutory authorities, cooperate with the Administrator and the 
Director to--
            (1) conserve salmon strongholds; and
            (2) effectively coordinate and streamline delivery of 
        overlapping incentive-based programs affecting salmon 
        strongholds within the land of each agency.

SEC. 8. CONDITIONS RELATING TO SALMON STRONGHOLD CONSERVATION PROJECTS.

    (a) In General.--No land or interest in land, acquired in whole or 
in part by 1 or both of the Secretaries with Federal funds made 
available under this Act to carry out salmon stronghold conservation 
projects may be conveyed to a State, other public agency, or other 
entity unless--
            (1) the Secretaries determine that the State, agency, or 
        other entity is committed to undertake the management of the 
        property being transferred in accordance with this Act; and
            (2) the deed or other instrument of transfer contains 
        provisions for the reversion of the title to the property to 
        the United States if the State, agency, or other entity fails 
        to manage the property in accordance with this Act.
    (b) Requirement.--Any real property interest conveyed under this 
section shall be subject to such terms and conditions as will ensure, 
to the maximum extent practicable, that the interest will be 
administered for the long-term conservation and management of the 
applicable aquatic ecosystem and the fish and wildlife dependent on 
that ecosystem.

SEC. 9. ALLOCATION OF AMOUNTS.

    (a) Federal Share.--
            (1) Non-federal land.--For any fiscal year, the Federal 
        share of carrying out a salmon stronghold conservation project 
        that receives funds under section 6 on non-Federal land shall 
        not exceed 50 percent of the costs of the project.
            (2) Federal land.--For any fiscal year, the Federal share 
        of carrying out a salmon stronghold conservation project that 
        receives funds under section 6 on Federal land, including the 
        acquisition of inholdings, may be up to 100 percent of the 
        costs of the project.
    (b) Non-Federal Share.--
            (1) In general.--Subject to paragraph (2), the non-Federal 
        share of the cost of a project that receives funds under 
        section 6 may not be derived from Federal grant programs, but 
        may include in-kind contributions and cash.
            (2) Bonneville power administration.--Any amounts provided 
        by the Bonneville Power Administration directly or through a 
        grant to another entity shall be credited toward the non-
        Federal share of the cost of the project.
    (c) Provision of Funding.--In carrying out this Act, the Secretary 
may--
            (1) consistent with a recommendation of the Board and 
        notwithstanding sections 6304 and 6305 of title 31, United 
        States Code, and the Federal Financial Assistance Management 
        Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106-
        107), enter into cooperative agreements, contracts, and grants;
            (2) notwithstanding any other provision of law, apply for, 
        accept, and use grants from any person to carry out the 
        purposes of this Act; and
            (3) make funds available to any Federal agency to be used 
        by the agency to award financial assistance for any salmon 
        stronghold protection, restoration, and enhancement project 
        that the Secretary determines to be consistent with this Act.
    (d) 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 authorize the organization to carry out 
                activities under this Act; and
                    (B) accept donations of funds or services for use 
                in carrying out this Act.
            (2) Property.--The Secretary of the Interior may accept 
        donations of property for use in carrying out this Act.
            (3) Use of donations.--Donations accepted under this 
        section--
                    (A) shall be considered to be gifts or bequests to, 
                or for the use of, the United States; and
                    (B) may be used directly by the Secretary (or, in 
                the case of donated property under paragraph (2), the 
                Secretary of the Interior) or provided to other Federal 
                agencies through interagency agreements.
    (e) Interagency Financing.--The Secretary may participate in 
interagency financing, including receiving appropriated funds from 
other agencies to carry out this Act.

SEC. 10. ACCOUNTABILITY AND REPORTING.

    Not less frequently than once every 3 years, the Administrator and 
the Director shall jointly submit to Congress a report describing the 
activities carried out under this Act, including any legislative 
recommendations relating to the Salmon Stronghold Partnership.

SEC. 11. REGULATIONS.

    The Secretary may promulgate regulations to carry out this Act.

SEC. 12. LIMITATIONS.

    Nothing in this Act may be construed--
            (1) to create a reserved water right, express or implied, 
        in the United States for any purpose, or affect any water right 
        in existence on the date of enactment of this Act;
            (2) to affect any Federal or State law in existence on the 
        date of enactment of this Act regarding water quality or water 
        quantity;
            (3) to affect the authority, jurisdiction, or 
        responsibility of any agency or department of the United States 
        or of a State to manage, control, or regulate fish and resident 
        wildlife under a Federal or State law (including regulations);
            (4) to authorize the Secretary or the Secretary of Interior 
        to control or regulate hunting or fishing under State law;
            (5) to abrogate, abridge, affect, modify, supersede, or 
        otherwise alter any right of a federally recognized Indian 
        tribe under any law (including regulations); or
            (6) to diminish or affect the ability of the Secretary or 
        the Secretary of Interior to join the adjudication of rights to 
        the use of water pursuant to subsections (a), (b), or (c) of 
        section 208 of the Department of Justice Appropriation Act, 
        1953 (43 U.S.C. 666).

SEC. 13. PRIVATE PROPERTY PROTECTION.

    No Federal funds made available to carry out this Act may be used 
to acquire any real property or any interest in any real property 
without the written consent of the 1 or more owners of the property or 
interest in property.
                                 <all>