II 110th CONGRESS 2d Session S. 3608 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

11.

Regulations

The Secretary may promulgate regulations to carry out this Act.

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).

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.