[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1201 Reported in Senate (RS)]

                                                       Calendar No. 455
112th CONGRESS
  2d Session
                                S. 1201

                          [Report No. 112-187]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2011

 Mr. Lieberman (for himself, Mr. Crapo, Mr. Tester, Mr. Bingaman, Ms. 
    Murkowski, Mr. Whitehouse, Mr. Begich, Mr. Cardin, Mr. Udall of 
 Colorado, and Ms. Klobuchar) introduced the following bill; which was 
  read twice and referred to the Committee on Environment and Public 
                                 Works

                             July 17, 2012

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. National Fish Habitat Board.
Sec. 5. Fish habitat partnerships.
Sec. 6. Fish habitat conservation projects.
Sec. 7. National Fish Habitat Conservation Partnership Office.
Sec. 8. Technical and scientific assistance.
Sec. 9. Conservation of aquatic habitat for fish and other aquatic 
                            organisms on Federal land.
Sec. 10. Coordination with States and Indian tribes.
Sec. 11. Accountability and reporting.
Sec. 12. Regulations.
Sec. 13. Effect of Act.
Sec. 14. Nonapplicability of Federal Advisory Committee Act.
Sec. 15. Funding.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (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 that 
        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, 
        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--
                    (A) recreation for 44,000,000 anglers;
                    (B) more than 1,000,000 jobs and approximately 
                $125,000,000,000 in economic impact each year relating 
                to recreational fishing; and
                    (C) approximately 500,000 jobs and an additional 
                $35,000,000,000 in economic impact each year relating 
                to commercial fishing;
            (4) at least 40 percent of all threatened species and 
        endangered species in the United States are directly dependent 
        on aquatic habitats;
            (5) certain fish species are considered to be ecological 
        indicators of aquatic habitat quality, such that the presence 
        of those 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--
                    (A) caused significant declines in fish populations 
                throughout the United States, especially declines in 
                native fish populations; and
                    (B) resulted in economic losses to the United 
                States;
            (7)(A) 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; 
        and
            (B) that 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) the creation of partnerships between local citizens, 
        Indian tribes, Alaska Native organizations, corporations, 
        nongovernmental organizations, and Federal, State, and 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 that are critical to the 
        implementation of the National Fish Habitat Action Plan, 
        including--
                    (A) the United States Fish and Wildlife Service;
                    (B) the Bureau of Land Management;
                    (C) the National Park Service;
                    (D) the Bureau of Reclamation;
                    (E) the Bureau of Indian Affairs;
                    (F) the National Marine Fisheries Service;
                    (G) the Forest Service;
                    (H) the Natural Resources Conservation Service; and
                    (I) the Environmental Protection Agency;
            (12) the United States Fish and Wildlife Service, the 
        Forest Service, the Bureau of Land Management, and the National 
        Marine Fisheries Service each play a vital role in--
                    (A) the protection, restoration, and enhancement of 
                the fish communities and aquatic habitats in the United 
                States; and
                    (B) the development, operation, and long-term 
                success of fish habitat partnerships and project 
                implementation;
            (13) the United States Geological Survey, the United States 
        Fish and Wildlife Service, and the National Marine Fisheries 
        Service each play a vital role in scientific evaluation, data 
        collection, and mapping for fishery resources in the United 
        States;
            (14) the State and territorial fish and wildlife agencies 
        play a vital role in--
                    (A) the protection, restoration, and enhancement of 
                the fish communities and aquatic habitats in the 
                respective States and territories; and
                    (B) the development, operation, and long-term 
                success of fish habitat partnerships and project 
                implementation; and
            (15) 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) Purpose.--The purpose of this Act is to encourage partnerships 
among public agencies and other interested parties 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 in a manner that leads to 
        improvement of the annual economic output from recreational, 
        subsistence, and commercial fishing;
            (6) to ensure coordination and facilitation of activities 
        carried out by Federal departments and agencies under the 
        leadership of--
                    (A) the Director of the United States Fish and 
                Wildlife Service;
                    (B) the Assistant Administrator for Fisheries of 
                the National Oceanic and Atmospheric Administration; 
                and
                    (C) the Director of the United States Geological 
                Survey; and
            (7) to achieve other purposes in accordance with the 
        mission and goals of the National Fish Habitat Action Plan.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Aquatic habitat.--
                    (A) In general.--The term ``aquatic habitat'' means 
                any area on which an aquatic organism depends, directly 
                or indirectly, to carry out the life processes of the 
                organism, including an area used by the organism for 
                spawning, incubation, nursery, rearing, growth to 
                maturity, food supply, or migration.
                    (B) Inclusions.--The term ``aquatic habitat'' 
                includes an area adjacent to an aquatic environment, if 
                the adjacent area--
                            (i) contributes an element, such as the 
                        input of detrital material or the promotion of 
                        a planktonic or insect population providing 
                        food, that makes fish life possible;
                            (ii) protects the quality and quantity of 
                        water sources;
                            (iii) provides public access for the use of 
                        fishery resources; or
                            (iv) serves as a buffer protecting the 
                        aquatic environment.
            (3) Assistant administrator.--The term ``Assistant 
        Administrator'' means the Assistant Administrator for Fisheries 
        of the National Oceanic and Atmospheric Administration.
            (4) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by section 4(a)(1).
            (5) Conservation; conserve; manage; management.--The terms 
        ``conservation'', ``conserve'', ``manage'', and ``management'' 
        mean to protect, sustain, and, where appropriate, restore and 
        enhance, using 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)--
                    (A) a healthy population of fish, wildlife, or 
                plant life;
                    (B) a habitat required to sustain fish, wildlife, 
                or plant life; or
                    (C) a habitat required to sustain fish, wildlife, 
                or plant life productivity.
            (6) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (7) Fish.--
                    (A) In general.--The term ``fish'' means any 
                freshwater, diadromous, estuarine, or marine finfish or 
                shellfish.
                    (B) Inclusions.--The term ``fish'' includes the 
                egg, spawn, spat, larval, and other juvenile stages of 
                an organism described in subparagraph (A).
            (8) Fish habitat conservation project.--
                    (A) In general.--The term ``fish habitat 
                conservation project'' means a project that--
                            (i) is submitted to the Board by a 
                        Partnership and approved by the Secretary under 
                        section 6; and
                            (ii) provides for the conservation or 
                        management of an aquatic habitat.
                    (B) Inclusions.--The term ``fish habitat 
                conservation project'' includes--
                            (i) the provision of technical assistance 
                        to a State, Indian tribe, or local community by 
                        the National Fish Habitat Conservation 
                        Partnership Office or any other agency to 
                        facilitate the development of strategies and 
                        priorities for the conservation of aquatic 
                        habitats; or
                            (ii) the obtaining of a real property 
                        interest in land or water, including water 
                        rights, in accordance with terms and conditions 
                        that ensure that the real property will be 
                        administered for the long-term conservation 
                        of--
                                    (I) the land or water; and
                                    (II) the fish dependent on the land 
                                or water.
            (9) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (10) National fish habitat action plan.--The term 
        ``National Fish Habitat Action Plan'' means the National Fish 
        Habitat Action Plan dated April 24, 2006, and any subsequent 
        revisions or amendments to that plan.
            (11) Partnership.--The term ``Partnership'' means an entity 
        designated by the Board as a Fish Habitat Conservation 
        Partnership pursuant to section 5(a).
            (12) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land;
                    (B) water (including water rights); or
                    (C) a building or object that is permanently 
                affixed to land.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State;
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources or the habitat for 
                those fishery resources of the State pursuant to State 
                law or the constitution of the State; or
                    (C) the fish and wildlife agency of the 
                Commonwealth of Puerto Rico, Guam, the Virgin Islands, 
                or any other territory or possession of the United 
                States.

SEC. 4. NATIONAL FISH HABITAT BOARD.

    (a) Establishment.--
            (1) In general.--There is established a board, to be known 
        as the ``National Fish Habitat Board''--
                    (A) to promote, oversee, and coordinate the 
                implementation of this Act and the National Fish 
                Habitat Action Plan;
                    (B) to establish national goals and priorities for 
                aquatic habitat conservation;
                    (C) to designate Partnerships; and
                    (D) to review and make recommendations regarding 
                fish habitat conservation projects.
            (2) Membership.--The Board shall be composed of 27 members, 
        of whom--
                    (A) 1 shall be the Director;
                    (B) 1 shall be the Assistant Administrator;
                    (C) 1 shall be the Chief of the Natural Resources 
                Conservation Service;
                    (D) 1 shall be the Chief of the Forest Service;
                    (E) 1 shall be the Assistant Administrator for 
                Water of the Environmental Protection Agency;
                    (F) 1 shall be the President of the Association of 
                Fish and Wildlife Agencies;
                    (G) 1 shall be 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) 4 shall be representatives of State agencies, 1 
                of whom shall be nominated by a regional association of 
                fish and wildlife agencies from each of the Northeast, 
                Southeast, Midwest, and Western regions of the United 
                States;
                    (I) 1 shall be a representative of the American 
                Fisheries Society;
                    (J) 2 shall be representatives of Indian tribes, of 
                whom--
                            (i) 1 shall represent Indian tribes from 
                        the State of Alaska; and
                            (ii) 1 shall represent Indian tribes from 
                        the other States;
                    (K) 1 shall be a representative of the Regional 
                Fishery Management Councils established under section 
                302 of the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1852);
                    (L) 1 shall be a representative of the Marine 
                Fisheries Commissions, which is composed of--
                            (i) the Atlantic States Marine Fisheries 
                        Commission;
                            (ii) the Gulf States Marine Fisheries 
                        Commission; and
                            (iii) the Pacific States Marine Fisheries 
                        Commission;
                    (M) 1 shall be a representative of the Sportfishing 
                and Boating Partnership Council; and
                    (N) 10 shall be representatives selected from each 
                of the following groups:
                            (i) The recreational sportfishing industry.
                            (ii) The commercial fishing industry.
                            (iii) Marine recreational anglers.
                            (iv) Freshwater recreational anglers.
                            (v) Terrestrial resource conservation 
                        organizations.
                            (vi) Aquatic resource conservation 
                        organizations.
                            (vii) The livestock and poultry production 
                        industry.
                            (viii) The land development industry.
                            (ix) The row crop industry.
                            (x) Natural resource commodity interests, 
                        such as petroleum or mineral extraction.
            (3) Compensation.--A member of the Board shall serve 
        without compensation.
            (4) Travel expenses.--A member of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of the duties of the Board.
    (b) Appointment and Terms.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a member of the Board described in any of 
        subparagraphs (H) through (N) of subsection (a)(2) shall serve 
        for a term of 3 years.
            (2) Initial board membership.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the representatives of 
                the board established by the National Fish Habitat 
                Action Plan shall appoint the initial members of the 
                Board described in subparagraphs (H) through (I) and 
                (K) through (N) of subsection (a)(2).
                    (B) Tribal representatives.--Not later than 180 
                days after the enactment of this Act, the Secretary 
                shall provide to the board established by the National 
                Fish Habitat Action Plan a recommendation of not less 
                than 4 tribal representatives, from which that board 
                shall appoint 2 representatives pursuant to 
                subparagraph (J) of subsection (a)(2).
            (3) Transitional terms.--Of the members described in 
        subsection (a)(2)(N) initially appointed to the Board--
                    (A) 4 shall be appointed for a term of 1 year;
                    (B) 4 shall be appointed for a term of 2 years; and
                    (C) 3 shall be appointed for a term of 3 years.
            (4) Vacancies.--
                    (A) In general.--A vacancy of a member of the Board 
                described in any of subparagraphs (H) through (I) or 
                (K) through (N) of subsection (a)(2) shall be filled by 
                an appointment made by the remaining members of the 
                Board.
                    (B) Tribal representatives.--Following a vacancy of 
                a member of the Board described in subparagraph (J) of 
                subsection (a)(2), the Secretary shall recommend to the 
                Board not less than 4 tribal representatives, from 
                which the remaining members of the Board shall appoint 
                a representative to fill the vacancy.
            (5) Continuation of service.--An individual whose term of 
        service as a member of the Board expires may continue to serve 
        on the Board until a successor is appointed.
            (6) Removal.--If a member of the Board described in any of 
        subparagraphs (H) through (N) of subsection (a)(2) misses 3 
        consecutive regularly scheduled Board meetings, the members of 
        the Board may--
                    (A) vote to remove that member; and
                    (B) appoint another individual in accordance with 
                paragraph (4).
    (c) Chairperson.--
            (1) In general.--The Board shall elect a member of the 
        Board to serve as Chairperson of the Board.
            (2) Term.--The Chairperson of the Board shall serve for a 
        term of 3 years.
    (d) Meetings.--
            (1) In general.--The Board shall meet--
                    (A) at the call of the Chairperson; but
                    (B) not less frequently than twice each calendar 
                year.
            (2) Public access.--All meetings of the Board shall be open 
        to the public.
    (e) Procedures.--
            (1) In general.--The Board shall establish procedures to 
        carry out the business of the Board, including--
                    (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 establishing national goals and 
                priorities for aquatic habitat conservation for the 
                purposes of this Act;
                    (D) procedures for designating Partnerships under 
                section 5; and
                    (E) procedures for reviewing, evaluating, and 
                making recommendations regarding fish habitat 
                conservation projects.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.

SEC. 5. FISH HABITAT PARTNERSHIPS.

    (a) Authority To Designate.--The Board may designate Fish Habitat 
Partnerships in accordance with this section.
    (b) Purposes.--The purposes of a Partnership shall be--
            (1) to coordinate the implementation of the National Fish 
        Habitat Action Plan at a regional level;
            (2) to identify strategic priorities for fish habitat 
        conservation;
            (3) to recommend to the Board fish habitat conservation 
        projects that address a strategic priority of the Board; and
            (4) to develop and carry out fish habitat conservation 
        projects.
    (c) Applications.--An entity seeking to be designated as a 
Partnership shall submit to the Board an application at such time, in 
such manner, and containing such information as the Board may 
reasonably require.
    (d) Approval.--The Board may approve an application for a 
Partnership submitted under subsection (c) 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, and private 
        individuals, that are focused on conservation of aquatic 
        habitats to achieve results across jurisdictional boundaries on 
        public and private land;
            (2) is organized to promote the health of important aquatic 
        habitats and distinct geographical areas, keystone fish 
        species, or system types, including reservoirs, natural lakes, 
        coastal and marine environments, and estuaries;
            (3) identifies strategic fish and aquatic habitat 
        priorities for the Partnership area in the form of geographical 
        focus areas or key stressors or impairments to facilitate 
        strategic planning and decisionmaking;
            (4) is able to address issues and priorities on a 
        nationally significant scale;
            (5) includes a governance structure that--
                    (A) reflects the range of all partners; and
                    (B) 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 National Fish 
        Habitat Action Plan; and
            (7) ensures collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.

SEC. 6. FISH HABITAT CONSERVATION PROJECTS.

    (a) Submission to Board.--Not later than March 31 of each calendar 
year, each Partnership shall submit to the Board a list of fish habitat 
conservation projects recommended by the Partnership for annual funding 
under this Act.
    (b) Recommendations by Board.--Not later than July 1 of each 
calendar 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, for the following fiscal year.
    (c) Considerations.--The Board shall select each fish habitat 
conservation project to be recommended to the Secretary under 
subsection (b)--
            (1) based on a recommendation of the Partnership that is, 
        or will be, participating actively in carrying out the fish 
        habitat conservation project; and
            (2) after taking into consideration--
                    (A) the extent to which the fish habitat 
                conservation project fulfills a purpose of this Act or 
                a goal of the National Fish Habitat Action Plan;
                    (B) the extent to which the fish habitat 
                conservation project addresses the national priorities 
                established by the Board;
                    (C) the availability of sufficient non-Federal 
                funds to match Federal contributions for the fish 
                habitat conservation project, as required by subsection 
                (e);
                    (D) the extent to which the fish habitat 
                conservation 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 or 
                        water;
                            (iv) advances the conservation of fish and 
                        wildlife species that are listed, or are 
                        candidates to be listed, as threatened species 
                        or endangered species under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et seq.);
                            (v) where appropriate, advances the 
                        conservation of fish and fish habitats under 
                        the Magnuson-Stevens Act (16 U.S.C. 1801 et 
                        seq.) and other relevant Federal law and State 
                        wildlife action plans; and
                            (vi) promotes resilience such that desired 
                        biological communities are able to persist and 
                        adapt to environmental stressors such as 
                        climate change; and
                    (E) the substantiality of the character and design 
                of the fish habitat conservation project.
    (d) Limitations.--
            (1) Requirements for evaluation.--No fish habitat 
        conservation project may be recommended by the Board under 
        subsection (b) or provided financial assistance under this Act 
        unless the fish habitat conservation project includes an 
        evaluation plan designed--
                    (A) to appropriately assess the biological, 
                ecological, or other results of the habitat protection, 
                restoration, or enhancement activities carried out 
                using the assistance;
                    (B) to reflect appropriate changes to the fish 
                habitat conservation project if the assessment 
                substantiates that the fish habitat conservation 
                project objectives are not being met; and
                    (C) to require the submission to the Board of a 
                report describing the findings of the assessment.
            (2) Acquisition of real property interests.--
                    (A) In general.--No fish habitat conservation 
                project that will result in the acquisition by the 
                State, local government, or other non-Federal entity, 
                in whole or in part, of any real property interest may 
                be recommended by the Board under subsection (b) or 
                provided financial assistance under this Act unless the 
                project meets the requirements of subparagraph (B).
                    (B) Requirements.--
                            (i) In general.--A real property interest 
                        may not be acquired pursuant to a fish habitat 
                        conservation project by a State, public agency, 
                        or other non-Federal entity unless the State, 
                        agency, or other non-Federal entity is 
                        obligated to undertake the management of the 
                        property being acquired in accordance with the 
                        purposes of this Act.
                            (ii) Additional conditions.--Any real 
                        property interest acquired by a State, local 
                        government, or other non-Federal entity 
                        pursuant to a fish habitat conservation project 
                        shall be subject to terms and conditions that 
                        ensure that the interest will be administered 
                        for the long-term conservation and management 
                        of the aquatic ecosystem and the fish and 
                        wildlife dependent on that ecosystem.
    (e) Non-Federal Contributions.--
            (1) In general.--Except as provided in paragraph (2), no 
        fish habitat conservation project may be recommended by the 
        Board under subsection (b) or provided financial assistance 
        under this Act unless at least 50 percent of the cost of the 
        fish habitat conservation project will be funded with non-
        Federal funds.
            (2) Projects on federal land or water.--Notwithstanding 
        paragraph (1), Federal funds may be used for payment of 100 
        percent of the costs of a fish habitat conservation project 
        located on Federal land or water.
            (3) Non-federal share.--The non-Federal share of the cost 
        of a fish habitat conservation project--
                    (A) may not be derived from a Federal grant 
                program; but
                    (B) may include in-kind contributions and cash.
            (4) Special rule for indian tribes.--Notwithstanding 
        paragraph (1) or any other provision of law, any funds made 
        available to an Indian tribe pursuant to this Act may be 
        considered to be non-Federal funds for the purpose of paragraph 
        (1).
    (f) Approval.--
            (1) In general.--Not later than 180 days after the date of 
        receipt of the recommendations of the Board for fish habitat 
        conservation projects under subsection (b), and based, to the 
        maximum extent practicable, on the criteria described in 
        subsection (c)--
                    (A) the Secretary shall approve, reject, or reorder 
                the priority of any fish habitat conservation project 
                recommended by the Board that is not within a marine or 
                estuarine habitat; and
                    (B) the Secretary and the Secretary of Commerce 
                shall jointly approve, reject, or reorder the priority 
                of any fish habitat conservation project recommended by 
                the Board that is within a marine or estuarine habitat.
            (2) Funding.--If the Secretary, or the Secretary and the 
        Secretary of Commerce jointly, approves a fish habitat 
        conservation project under paragraph (1), the Secretary, or the 
        Secretary and the Secretary of Commerce jointly, shall use 
        amounts made available to carry out this Act to provide funds 
        to carry out the fish habitat conservation project.
            (3) Notification.--If the Secretary, or the Secretary and 
        the Secretary of Commerce jointly, rejects or reorders the 
        priority of any fish habitat conservation project recommended 
        by the Board under subsection (b), the Secretary, or the 
        Secretary and the Secretary of Commerce jointly, shall provide 
        to the Board and the appropriate Partnership a written 
        statement of the reasons that the Secretary, or the Secretary 
        and the Secretary of Commerce jointly, rejected or modified the 
        priority of the fish habitat conservation project.
            (4) Limitation.--If the Secretary, or the Secretary and the 
        Secretary of Commerce jointly, has not approved, rejected, or 
        reordered the priority of the recommendations of the Board for 
        fish habitat conservation projects by the date that is 180 days 
        after the date of receipt of the recommendations, the 
        recommendations shall be considered to be approved.

SEC. 7. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Director shall establish an office, to be 
known as the ``National Fish Habitat Conservation Partnership Office'', 
within the United States Fish and Wildlife Service.
    (b) Functions.--The National Fish Habitat Conservation Partnership 
Office shall--
            (1) provide funding for the operational needs of the 
        Partnerships, including funding for activities such as 
        planning, project development and implementation, coordination, 
        monitoring, evaluation, communication, and outreach;
            (2) provide funding to support the detail of State and 
        tribal fish and wildlife staff to the Office;
            (3) facilitate the cooperative development and approval of 
        Partnerships;
            (4) assist the Secretary and the Board in carrying out this 
        Act;
            (5) assist the Secretary in carrying out the requirements 
        of sections 8 and 10;
            (6) facilitate communication, cohesiveness, and efficient 
        operations for the benefit of 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 fish 
        habitat conservation projects by the Board;
            (8) provide support to the Director regarding the 
        development and implementation of the interagency operational 
        plan under subsection (c);
            (9) coordinate technical and scientific reporting as 
        required by section 11;
            (10) facilitate the efficient use of resources and 
        activities of Federal departments and agencies to carry out 
        this Act in an efficient manner; and
            (11) provide support to the Board for national 
        communication and outreach efforts that promote public 
        awareness of fish habitat conservation.
    (c) Interagency Operational Plan.--Not later than 1 year after the 
date of enactment of this Act, and every 5 years thereafter, the 
Director, in cooperation with the Assistant Administrator and the heads 
of other appropriate Federal departments and agencies, 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 
        departments and agencies to address those needs.
    (d) Staff and Support.--
            (1) Departments of interior and commerce.--The Director and 
        the Assistant Administrator shall each provide appropriate 
        staff to support the National Fish Habitat Conservation 
        Partnership Office, subject to the availability of funds under 
        section 15.
            (2) States and indian tribes.--Each State and Indian tribe 
        is encouraged to provide staff to support the National Fish 
        Habitat Conservation Partnership Office.
            (3) Detailees and contractors.--The National Fish Habitat 
        Conservation Partnership Office may accept staff or other 
        administrative support from other entities--
                    (A) through interagency details; or
                    (B) as contractors.
            (4) Qualifications.--The staff of the National Fish Habitat 
        Conservation Partnership Office shall include members with 
        education and experience relating to the principles of fish, 
        wildlife, and aquatic habitat conservation.
            (5) Waiver of requirement.--The Secretary may waive all or 
        part of the non-Federal contribution requirement under section 
        6(e)(1) if the Secretary determines that--
                    (A) no reasonable means are available through which 
                the affected applicant can meet the requirement; and
                    (B) the probable benefit of the relevant fish 
                habitat conservation project outweighs the public 
                interest in meeting the requirement.
    (e) Reports.--Not less frequently than once each year, the Director 
shall provide to the Board a report describing the activities of the 
National Fish Habitat Conservation Partnership Office.

SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE.

    (a) In General.--The Director, the Assistant Administrator, and the 
Director of the United States Geological Survey, in coordination with 
the Forest Service and other appropriate Federal departments and 
agencies, shall provide scientific and technical assistance to the 
Partnerships, participants in fish habitat conservation projects, and 
the Board.
    (b) Inclusions.--Scientific and technical assistance provided 
pursuant to subsection (a) may include--
            (1) providing technical and scientific assistance to 
        States, Indian tribes, regions, local communities, and 
        nongovernmental organizations in the development and 
        implementation of Partnerships;
            (2) providing technical and scientific assistance to 
        Partnerships for habitat assessment, strategic planning, and 
        prioritization;
            (3) supporting the development and implementation of fish 
        habitat conservation projects that are identified as high 
        priorities by Partnerships and the Board;
            (4) supporting and providing recommendations regarding the 
        development of science-based monitoring and assessment 
        approaches for implementation through Partnerships;
            (5) supporting and providing recommendations for a national 
        fish habitat assessment; and
            (6) ensuring the availability of experts to conduct 
        scientifically based evaluation and reporting of the results of 
        fish habitat conservation projects.

SEC. 9. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER AQUATIC 
              ORGANISMS ON FEDERAL LAND.

    To the extent consistent with the mission and authority of the 
applicable department or agency, the head of each Federal department 
and agency responsible for acquiring, managing, or disposing of Federal 
land or water shall cooperate with the Assistant Administrator and the 
Director to conserve the aquatic habitats for fish and other aquatic 
organisms within the land and water of the department or agency.

SEC. 10. COORDINATION WITH STATES AND INDIAN TRIBES.

    The Secretary shall provide a notice to, and coordinate with, the 
appropriate State agency or tribal agency, as applicable, of each State 
and Indian tribe within the boundaries of which an activity is planned 
to be carried out pursuant to this Act by not later than 30 days before 
the date on which the activity is implemented.

SEC. 11. ACCOUNTABILITY AND REPORTING.

    (a) Implementation Reports.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report describing the implementation of--
                    (A) this Act; and
                    (B) the National Fish Habitat Action Plan.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) an estimate of the number of acres, stream 
                miles, or acre-feet (or other suitable measure) of 
                aquatic habitat that was protected, restored, or 
                enhanced under the National Fish Habitat Action Plan by 
                Federal, State, or local governments, Indian tribes, or 
                other entities in the United States during the 2-year 
                period ending on the date of submission of the report;
                    (B) a description of the public access to aquatic 
                habitats protected, restored, or established under the 
                National Fish Habitat Action Plan during that 2-year 
                period;
                    (C) a description of the opportunities for public 
                fishing established under the National Fish Habitat 
                Action Plan during that period; and
                    (D) an assessment of the status of fish habitat 
                conservation projects carried out with funds provided 
                under this Act during that period, disaggregated by 
                year, including--
                            (i) a description of the fish habitat 
                        conservation projects recommended by the Board 
                        under section 6(b);
                            (ii) a description of each fish habitat 
                        conservation project approved by the Secretary 
                        under section 6(f), in order of priority for 
                        funding;
                            (iii) a justification for--
                                    (I) the approval of each fish 
                                habitat conservation project; and
                                    (II) the order of priority for 
                                funding of each fish habitat 
                                conservation project;
                            (iv) a justification for any rejection or 
                        reordering of the priority of each fish habitat 
                        conservation project recommended by the Board 
                        under section 6(b) that was based on a factor 
                        other than the criteria described in section 
                        6(c); and
                            (v) an accounting of expenditures by 
                        Federal, State, or local governments, Indian 
                        tribes, or other entities to carry out fish 
                        habitat conservation projects.
    (b) Status and Trends Report.--Not later than December 31, 2012, 
and every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report describing the status of aquatic 
habitats in the United States.
    (c) Revisions.--Not later than December 31, 2013, and every 5 years 
thereafter, the Board shall revise the goals and other elements of the 
National Fish Habitat Action Plan, after consideration of each report 
required by subsection (b).

SEC. 12. REGULATIONS.

    The Secretary may promulgate such regulations as the Secretary 
determines to be necessary to carry out this Act.

SEC. 13. EFFECT OF ACT.

    (a) Water Rights.--Nothing in this Act--
            (1) establishes any express or implied reserved water right 
        in the United States for any purpose;
            (2) affects any water right in existence on the date of 
        enactment of this Act;
            (3) preempts or affects any State water law or interstate 
        compact governing water; or
            (4) affects any Federal or State law in existence on the 
        date of enactment of the Act regarding water quality or water 
        quantity.
    (b) State Authority.--Nothing in this Act--
            (1) affects 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) authorizes the Secretary to control or regulate within 
        a State the fishing or hunting of fish and wildlife.
    (c) Effect on Indian Tribes.--Nothing in this Act abrogates, 
abridges, affects, modifies, supersedes, or alters any right of an 
Indian tribe recognized by treaty or any other means, including--
            (1) an agreement between the Indian tribe and the United 
        States;
            (2) Federal law (including regulations);
            (3) an Executive order; or
            (4) a judicial decree.
    (d) Adjudication of Water Rights.--Nothing in this Act diminishes 
or affects the ability of the Secretary to join an adjudication of 
rights to the use of water pursuant to subsection (a), (b), or (c) of 
section 208 of the Department of Justice Appropriation Act, 1953 (43 
U.S.C. 666).
    (e) Effect on Other Authorities.--
            (1) Acquisition of land and water.--Nothing in this Act 
        alters or otherwise affects the authorities, responsibilities, 
        obligations, or powers of the Secretary to acquire land, water, 
        or an interest in land or water under any other provision of 
        law.
            (2) Private property protection.--Nothing in this Act 
        permits the use of funds made available to carry out this Act 
        to acquire real property or a real property interest without 
        the written consent of each owner of the real property or real 
        property interest.
            (3) Mitigation.--Nothing in this Act permits the use of 
        funds made available to carry out this Act for fish and 
        wildlife mitigation purposes under--
                    (A) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (B) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (C) the Water Resources Development Act of 1986 
                (Public Law 99-662; 100 Stat. 4082); or
                    (D) any other Federal law or court settlement.

SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to--
            (1) the Board; or
            (2) any Partnership.

SEC. 15. FUNDING.

    (a) Authorization of Appropriations.--
            (1) Fish habitat conservation projects.--There is 
        authorized to be appropriated to the Secretary $7,200,000 for 
        each of fiscal years 2012 through 2016 to provide funds for 
        fish habitat conservation projects approved under section 6(f), 
        of which 5 percent shall be made available for each fiscal year 
        for projects carried out by Indian tribes.
            (2) National fish habitat conservation partnership 
        office.--
                    (A) In general.--There is authorized to be 
                appropriated to the Secretary for each of fiscal years 
                2012 through 2016 for the National Fish Habitat 
                Conservation Partnership Office, and to carry out 
                section 11, an amount equal to 5 percent of the amount 
                appropriated for the applicable fiscal year pursuant to 
                paragraph (1).
                    (B) Required transfers.--The Secretary shall 
                annually transfer to other Federal departments and 
                agencies such percentage of the amounts made available 
                pursuant to subparagraph (A) as is required to support 
                participation by those departments and agencies in the 
                National Fish Habitat Conservation Partnership Office 
                pursuant to the interagency operational plan under 
                section 7(c).
            (3) Technical and scientific assistance.--There are 
        authorized to be appropriated for each of fiscal years 2012 
        through 2016 to carry out, and provide technical and scientific 
        assistance under, section 8--
                    (A) $500,000 to the Secretary for use by the United 
                States Fish and Wildlife Service;
                    (B) $500,000 to the Assistant Administrator for use 
                by the National Oceanic and Atmospheric Administration; 
                and
                    (C) $500,000 to the Secretary for use by the United 
                States Geological Survey.
            (4) Planning and administrative expenses.--There is 
        authorized to be appropriated to the Secretary for each of 
        fiscal years 2012 through 2016 for use by the Board, the 
        Director, and the Assistant Administrator for planning and 
        administrative expenses an amount equal to 3 percent of the 
        amount appropriated for the applicable fiscal year pursuant to 
        paragraph (1).
    (b) Agreements and Grants.--The Secretary may--
            (1) on the 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 a grant 
        agreement, cooperative agreement, or contract with a 
        Partnership or other entity for a fish habitat conservation 
        project or restoration or enhancement project;
            (2) apply for, accept, and use a grant from any individual 
        or entity to carry out the purposes of this Act; and
            (3) make funds available to any Federal department or 
        agency for use by that department or agency to provide grants 
        for any fish habitat protection project, restoration project, 
        or enhancement project that the Secretary determines to be 
        consistent with this Act.
    (c) Donations.--
            (1) In general.--The Secretary may--
                    (A) enter into an agreement with any organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986 that is exempt from taxation under section 
                501(a) of that Code to solicit private donations to 
                carry out the purposes of this Act; and
                    (B) accept donations of funds, property, and 
                services to carry out the purposes of this Act.
            (2) Treatment.--A donation accepted under this section--
                    (A) shall be considered to be a gift or bequest to, 
                or otherwise for the use of, the United States; and
                    (B) may be--
                            (i) used directly by the Secretary; or
                            (ii) provided to another Federal department 
                        or agency through an interagency agreement.
                                                       Calendar No. 455

112th CONGRESS

  2d Session

                                S. 1201

                          [Report No. 112-187]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 17, 2012

                       Reported without amendment