1.Short
title; table of contents
(a)This Act may be cited
as the Pacific Salmon Stronghold
Conservation Act of 2009
.
(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. Salmon Stronghold Partnership.
Sec. 5. Information and assessment.
Sec. 6. Salmon stronghold watershed grants and technical
assistance program.
Sec. 7. Interagency cooperation.
Sec. 8. International cooperation.
Sec. 9. Acquisition and transfer of real property
interests.
Sec. 10. Administrative provisions.
Sec. 11. Limitations.
Sec. 12. Reports to Congress.
Sec. 13. Authorization of appropriations.
2.
(a)Congress
makes the following findings:
(1)Several species
of salmon native to the rivers of the United States are highly migratory,
interacting with salmon originating from Canada, Japan, Russia, and South Korea
and spending portions of their life history outside of the territorial waters
of the United States. Recognition of the migratory and transboundary nature of
salmon species has led countries of the North Pacific to seek enhanced
coordination and cooperation through multilateral and bi-lateral
agreements.
(2)Salmon are a
keystone species, sustaining more than 180 other species in freshwater and
marine ecosystems. They are also an indicator of ecosystem health and potential
impacts of climate change.
(3)Salmon are a
central part of the culture, economy, and environment of Western North
America.
(4)Economic
activities relating to salmon generate billions of dollars of economic activity
and provide thousands of jobs.
(5)During the
anticipated rapid environmental change during the period beginning on the date
of the enactment of this Act, maintaining key ecosystem processes and
functions, population abundance, and genetic integrity will be vital to
ensuring the health of salmon populations.
(6)Salmon
strongholds provide critical production zones for commercial, recreational, and
subsistence fisheries.
(7)Taking into
consideration the frequency with which fisheries have collapsed during the
period preceding the date of the enactment of this Act, using scientific
research to correctly identify and conserve core centers of abundance,
productivity, and diversity is vital to sustain salmon populations and
fisheries in the future.
(8)Measures being
undertaken as of the date of the enactment of this Act to recover threatened or
endangered salmon stocks, including Federal, State, and local programs to
restore salmon habitat, are vital. These measures will be complemented and
enhanced by identifying and sustaining core centers of abundance, productivity,
and diversity in the healthiest remaining salmon ecosystems throughout the
range of salmon species.
(9)The effects of
climate change are affecting salmon habitat at all life history stages and
future habitat conservation must consider climate change projections to
safeguard natural systems under future climate conditions.
(10)Greater
coordination between public and private entities can assist salmon strongholds
by marshaling and focusing resources on scientifically supported, high priority
conservation actions.
(b)The
purposes of this Act are—
(1)to expand Federal
support and resources 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 ensure the long-term
viability of salmon populations—
(A)in the States of
California, Idaho, Oregon, and Washington, by focusing resources on
cooperative, incentive-based efforts to conserve the roughly 20 percent of
salmon habitat that supports approximately two-thirds of salmon abundance;
and
(B)in the State of
Alaska, a regional stronghold that produces more than one-third of all salmon,
by increasing resources available to public and private organizations working
cooperatively to conserve regional core centers of salmon abundance and
diversity;
(2)to maintain and
enhance economic benefits related to fishing or associated with healthy salmon
stronghold habitats, including flood protection, recreation, water quantity and
quality, carbon sequestration, climate change mitigation and adaptation, and
other ecosystem services; and
(3)to complement and
add to existing Federal, State, and local salmon recovery efforts by using
sound science to identify and sustain core centers of salmon abundance,
productivity, and diversity in the healthiest remaining salmon ecosystems
throughout their range.
3.In this Act:
(1)The
term Administrator means the Assistant Administrator for the
National Marine Fisheries Service of the National Oceanic and Atmospheric
Administration.
(2)The
term Board means the Salmon Stronghold Partnership Board
established under section 4.
(3)The
term charter means the charter of the Board developed under
section 4(g).
(4)The
term Director means the Director of the United States Fish and
Wildlife Service.
(5)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)Except
as otherwise provided, the term program means the salmon
stronghold watershed grants and technical assistance program established under
section 6(a).
(7)The
term salmon means any of the wild anadromous Oncorhynchus species
that occur 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)The term salmon stronghold means all or
part of a watershed or 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 their range, as defined by the Board.
(9)Salmon
Stronghold PartnershipThe term Salmon Stronghold
Partnership means the Salmon Stronghold Partnership established under
section 4(a)(1).
(10)Except
as otherwise provided, the term Secretary means the Secretary of
Commerce.
4.Salmon
Stronghold Partnership
(a)
(1)The
Secretary shall establish a Salmon Stronghold Partnership that is a
cooperative, incentive-based, public-private partnership among appropriate
Federal, State, tribal, and local governments, private landowners, and
nongovernmental organizations working across political boundaries, government
jurisdictions, and land ownerships to identify and conserve salmon
strongholds.
(2)To
the extent possible, the membership of the Salmon Stronghold Partnership shall
include each entity described under subsection (b).
(3)The
Salmon Stronghold Partnership shall be managed by a Board established by the
Secretary to be known as the Salmon Stronghold Partnership Board.
(b)Salmon
Stronghold Partnership Board
(1)The Board shall consist of representatives with strong
scientific or technical credentials and expertise as follows:
(A)1 representative
from each of—
(i)the
National Marine Fisheries Service, as appointed by the Administrator;
(ii)the United
States Fish and Wildlife Service, as appointed by the Director;
(iii)the Forest
Service, as appointed by the Chief of the Forest Service;
(iv)the
Environmental Protection Agency, as appointed by the Administrator of the
Environmental Protection Agency;
(v)the
Bonneville Power Administration, as appointed by the Administrator of the
Bonneville Power Administration;
(vi)the Bureau of
Land Management, as appointed by the Director of the Bureau of Land Management;
and
(vii)the Northwest
Power and Conservation Council, as appointed by the Northwest Power and
Conservation Council.
(B)1 representative
from the natural resources staff of the office of the Governor or of an
appropriate natural resource agency of a State, as appointed by the Governor,
from each of the States of—
(i)Alaska;
(ii)California;
(iii)Idaho;
(iv)Oregon;
and
(v)Washington.
(C)Not less than 3
and not more than 5 representatives from Indian tribes or tribal commissions
located within the range of a salmon species, as appointed by such Indian
tribes or tribal commissions, in consultation with the Board.
(D)1 representative
from each of 3 non-governmental organizations with salmon conservation and
management expertise, as selected by the Board.
(E)1 national or
regional representative from an association of counties, as selected by the
Board.
(F)Representatives
of other entities with significant resources regionally dedicated to the
protection of salmon ecosystems that the Board determines are appropriate, as
selected by the Board.
(2)If a representative described in subparagraph (B), (C),
(D), (E), or (F) of paragraph (1) is not appointed to the Board or otherwise
fails to participate in the Board, the Board shall carry out its functions
until such representative is appointed or joins in such participation.
(c)
(1)Not
less frequently than 3 times each year, the Board shall meet to provide
opportunities for input from a broader set of stakeholders.
(2)Prior
to each meeting, the Board shall give timely notice of the meeting to the
public, the government of each county, and tribal government in which a salmon
stronghold is identified by the Board.
(d)The Board shall seek expertise from fisheries
experts from agencies, colleges, or universities, as appropriate.
(e)The
Board shall nominate and select a Chairperson from among the members of the
Board.
(f)The
Board—
(1)shall establish a
standing science advisory committee to assist the Board in the development,
collection, evaluation, and peer review of statistical, biological, economic,
social, and other scientific information; and
(2)may establish
additional standing or ad hoc committees as the Board determines are
necessary.
(g)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)includes—
(A)the defining
criteria for a salmon stronghold;
(B)the process for
identifying salmon strongholds; and
(C)the process for
reviewing and awarding grants under the program, including—
(i)the
number of years for which such a grant may be awarded;
(ii)the process for
renewing such a grant;
(iii)the eligibility
requirements for such a grant;
(iv)the reporting
requirements for projects awarded such a grant; and
(v)the
criteria for evaluating the success of a project carried out with such a
grant.
(h)Federal
Advisory Committee ActThe Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Board.
5.Information and
assessmentThe Administrator
shall carry out specific information and assessment functions associated with
salmon strongholds, in coordination with other regional salmon efforts,
including—
(1)triennial
assessment of status and trends in salmon strongholds;
(2)geographic
information system and mapping support to facilitate conservation
planning;
(3)projections of
climate change impacts on all habitats and life history stages of
salmon;
(4)development and
application of models and other tools to identify salmon conservation actions
projected to have the greatest positive impacts on salmon abundance,
productivity, or diversity within salmon strongholds; and
(5)measurement of
the effectiveness of the Salmon Stronghold Partnership activities.
6.Salmon
stronghold watershed grants and technical assistance program
(a)The Administrator, in
consultation with the Director, shall establish a salmon stronghold watershed
grants and technical assistance program, as described in this section.
(b)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 support
entities represented on the Board—
(A)to develop
strategies focusing on salmon conservation actions projected to have the
greatest positive impacts on abundance, productivity, or diversity in salmon
strongholds; and
(B)to provide
financial assistance to the Salmon Stronghold Partnership to increase local
economic opportunities and resources for actions or practices that provide
long-term or permanent conservation and that maintain key ecosystem services in
salmon strongholds, including—
(i)payments for
ecosystem services; and
(ii)demonstration
projects designed for specific salmon strongholds;
(4)to maintain a
forum to share best practices and approaches, employ consistent and comparable
metrics, forecast and address climate impacts, 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 accelerate the
implementation of recovery plans in salmon strongholds that have salmon
populations listed as threatened or endangered under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
(7)to develop and
make information available to the public pertaining to the Salmon Stronghold
Partnership; and
(8)to conduct
education outreach to the public, in coordination with other programs, to
encourage increased stewardship of salmon strongholds.
(c)Projects
that will be carried out with assistance from the program shall be selected and
administered as follows:
(1)A project that will be carried out with assistance from
the program within 1 State shall be selected as follows:
(A)If a State has a competitive grant process relating to
salmon conservation in effect as of the date of enactment of this Act and has a
proven record of implementing an efficient, cost-effective, and competitive
grant program for salmon conservation or has a viable plan to provide
accountability under the program—
(i)the National Fish
and Wildlife Foundation, in consultation with the Board, shall provide program
funds to the State; and
(ii)the State shall
select and administer projects to be carried out in such State, in accordance
with subsection (d).
(B)National Fish
and Wildlife Foundation selectionIf a State does not meet the
criteria described in subparagraph (A)—
(i)the
Administrator, in consultation with the Director, shall provide funds to the
National Fish and Wildlife Foundation; and
(ii)the National
Fish and Wildlife Foundation, in consultation with the Board, shall select and
administer projects to be carried out in such State, in accordance with
subsection (d).
(2)Multisite and
programmatic initiativesFor a project that will be carried out
with assistance from the program in more than 1 State or that is a programmatic
initiative that affect more than 1 State—
(A)the
Administrator, in consultation with the Director, shall provide funds to the
National Fish and Wildlife Foundation; and
(B)the National Fish
and Wildlife Foundation, in consultation with the Board, shall select and
administer such projects to be carried out, in accordance with subsection
(d).
(d)
(1)Criteria
developed by the Board
(A)The Board shall develop and provide criteria for the
prioritization of projects funded under the program in a manner that enables
projects to be individually ranked in sequential order by the magnitude of the
project's positive impacts on salmon abundance, productivity, or
diversity.
(B)The criteria required by subparagraph (A) shall
require that a project that receives assistance under the program—
(i)contributes to the conservation of
salmon;
(ii)meets the
criteria for eligibility established in the charter;
(iii)(I)addresses a factor
limiting or threatening to limit abundance, productivity, diversity, habitat
quality, or other biological attributes important to sustaining viable salmon
populations within a salmon stronghold; or
(II)is a programmatic action that supports
the Salmon Stronghold Partnership;
(iv)addresses limiting factors to healthy
ecosystem processes or sustainable fisheries management;
(v)has the potential for conservation benefits
and broadly applicable results; and
(vi)meets the
requirements for—
(I)cost sharing
described in subsection (e); and
(II)the limitation
on administrative expenses described in subsection (f).
(C)The Board shall—
(i)develop and
provide the criteria required by subparagraph (A) prior to the initial
solicitation of projects under the program; and
(ii)revise such
criteria not less often than once each year.
(e)
(1)
(A)For any fiscal year, the Federal share of the cost of a
project that receives assistance under the program and that is carried out on
land that is not owned by the United States shall not exceed 50 percent of the
total cost of the project.
(B)For any fiscal year, the Federal share of the cost of a
project that receives assistance under the program and that is carried out on
land that is owned by the United States, including the acquisition of
inholdings, may be up to 100 percent of the total cost of the project.
(2)
(A)Subject to subparagraph (B), the non-Federal share of the
cost of a project that receives assistance under the program may not be derived
from Federal grant programs, but may include in-kind contributions.
(B)Bonneville
Power AdministrationAny amounts provided by the Bonneville Power
Administration directly or through a grant to another entity used to carry out
a project that receives assistance under the program shall be credited toward
the non-Federal share of the cost of the project.
(f)Of the amount available to a State or the National Fish
and Wildlife Foundation under the program for each fiscal year, such State and
the National Fish and Wildlife Foundation shall not expend more than 5 percent
of such amount for administrative and reporting expenses necessary to carry out
this section.
(g)
(1)Reports to
States or NFWFEach person
who receives assistance through a State or the National Fish and Wildlife
Foundation under the program for a project shall provide periodic reports to
the State or the National Fish and Wildlife Foundation, as appropriate, that
includes the information required by the State or the National Fish and
Wildlife Foundation to evaluate the progress and success of the project.
(2)Reports to the
AdministrationNot less frequently than once every 3 years, each
State that is provided program funds under subsection (c)(1)(A) and the
National Fish and Wildlife Foundation shall provide reports to the
Administrator that include the information required by the Administrator to
evaluate the implementation of the program.
7.The head of each
Federal agency or department responsible for acquiring, managing, or disposing
of Federal land that is within a salmon stronghold shall, to the extent
consistent with the mission of the agency or department and existing law,
cooperate with the Administrator and the Director—
(1)to conserve the
salmon strongholds; and
(2)to effectively
coordinate and streamline Salmon Stronghold Partnership activities and delivery
of overlapping, incentive-based programs that affect the salmon
stronghold.
8.International
cooperation
(a)The Administrator and the Board may share status and
trends data, innovative conservation strategies, conservation planning
methodologies, and other information with North Pacific countries, including
Canada, Japan, Russia, and South Korea, and appropriate international entities
to promote conservation of salmon and salmon habitat.
(b)It is the sense of
Congress that the Administrator and the Board, or entities that are members of
the Board, should and are encouraged to provide information to North Pacific
countries, including Canada, Japan, Russia, and South Korea, and appropriate
international entities to support the development of a network of salmon
strongholds across the nations of the North Pacific.
9.Acquisition and
transfer of real property interests
(a)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.
(b)Private
property protectionNo
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.
(c)Transfer of
real propertyNo land or
interest in land, acquired in whole or in part by the Secretary of the Interior
with Federal funds made available under this Act to carry out a salmon
stronghold conservation project may be transferred to a State, other public
agency, or other entity unless—
(1)the Secretary of
the Interior determines that the State, agency, or entity is committed to
manage, in accordance with this Act and the purposes of this Act, the property
being transferred; 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 entity fails to
manage the property in accordance with this Act and the purposes of this
Act.
(d)Any
real property interest conveyed under subsection (c) shall be subject to such
terms and conditions as will ensure, to the maximum extent practicable, that
the interest will be administered in accordance with this Act and the purposes
of this Act.
10.Administrative
provisions
(a)Contracts,
grants, and transfers of fundsIn 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 or department to be used by the agency or
department to award financial assistance for any salmon stronghold protection,
restoration, or enhancement project that the Secretary determines to be
consistent with this Act.
(b)
(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 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)The
Secretary of the Interior may accept donations of property for use in carrying
out this Act.
(3)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 or
departments through interagency agreements.
(c)The Secretary may participate in interagency financing,
including receiving appropriated funds from other agencies or departments to
carry out this Act.
(d)Subject to the availability of
appropriations, the Administrator may hire such additional full-time employees
as are necessary to carry out this Act.
11.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 the management or priority of water rights under State law;
(2)to affect
existing water rights under Federal or State law;
(3)to affect any
Federal or State law in existence on the date of enactment of this Act
regarding water quality or water quantity;
(4)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 or regulation;
(5)to authorize the
Secretary or the Secretary of the Interior to control or regulate hunting or
fishing under State law;
(6)to abrogate,
abridge, affect, modify, supersede, or otherwise alter any right of a federally
recognized Indian tribe under any applicable Federal or tribal law or
regulation; or
(7)to diminish or
affect the ability of the Secretary or the Secretary of the 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).
12.Not less frequently
than once every 3 years, the Administrator, in consultation with the Director,
shall submit to Congress a report describing the activities carried out under
this Act, including the recommendations of the Administrator, if any, for
legislation relating to the Salmon Stronghold Partnership.
13.Authorization
of appropriations
(a)
(1)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 the program, $30,000,000 for each of
fiscal years 2009 through 2013.
(2)The
National Fish and Wildlife Foundation shall, from the amount appropriated
pursuant to the authorization of appropriations in paragraph (1), make
available sufficient funds to the Board to carry out its duties under this
Act.
(b)For each of fiscal years 2009 through 2013, there is
authorized to be appropriated to the Administrator $300,000 to provide
technical assistance under the program and to carry out section 5.
(c)Amounts appropriated pursuant to an authorization of
appropriations in this section are authorized to remain available until
expended.