1.Short title; table of
contents
(a)This Act may be cited
as the National Fish Habitat
Conservation Act
.
(b)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.
2.
(a)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)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.
3.In this Act:
(1)Appropriate
congressional committeesThe 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)
(A)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)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)The term Assistant Administrator means
the Assistant Administrator for Fisheries of the National Oceanic and
Atmospheric Administration.
(4)The
term Board means the National Fish Habitat Board established by
section 4(a)(1).
(5)Conservation;
conserve; manage; managementThe 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)The
term Director means the Director of the United States Fish and
Wildlife Service.
(7)
(A)The term fish means any freshwater,
diadromous, estuarine, or marine finfish or shellfish.
(B)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)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)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)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 PlanThe 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)The
term Partnership means an entity designated by the Board as a Fish
Habitat Conservation Partnership pursuant to section 5(a).
(12)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)The
term Secretary means the Secretary of the Interior.
(14)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.
4.National
Fish Habitat Board
(a)
(1)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)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)A
member of the Board shall serve without compensation.
(4)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)
(1)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)
(A)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)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)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)
(A)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)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)An individual whose term of service as a member of the
Board expires may continue to serve on the Board until a successor is
appointed.
(6)If
a member of the Board described in 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)
(1)The Board shall elect a member of the Board to serve as
Chairperson of the Board.
(2)The
Chairperson of the Board shall serve for a term of 3 years.
(d)
(1)The Board shall meet—
(A)at the call
of the Chairperson; but
(B)not less
frequently than twice each calendar year.
(2)All meetings of the Board shall be open to the
public.
(e)
(1)The Board shall establish procedures to carry out the
business of the Board, 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)A
majority of the members of the Board shall constitute a quorum.
5.Fish habitat
partnerships
(a)The Board may designate Fish Habitat Partnerships in
accordance with this section.
(b)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)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)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.
6.Fish habitat
conservation projects
(a)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)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)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)
(1)Requirements
for evaluationNo 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)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)
(i)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)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)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 waterNotwithstanding 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)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 tribesNotwithstanding 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)
(1)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)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)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)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.
7.National
Fish Habitat Conservation Partnership Office
(a)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)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 planNot 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)
(1)Departments
of Interior and CommerceThe 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)Each State and Indian tribe is encouraged to
provide staff to support the National Fish Habitat Conservation Partnership
Office.
(3)Detailees
and contractorsThe National Fish Habitat Conservation
Partnership Office may accept staff or other administrative support from other
entities—
(A)through
interagency details; or
(B)as
contractors.
(4)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)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)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.
8.Technical
and scientific assistance
(a)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)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.
9.Conservation
of aquatic habitat for fish and other aquatic organisms on Federal
landTo 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.
10.Coordination
with States and Indian tribesThe 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.
11.Accountability
and reporting
(a)
(1)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)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)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)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).
12.The Secretary may promulgate such
regulations as the Secretary determines to be necessary to carry out this
Act.
13.
(a)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)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)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 rightsNothing in this Act diminishes or affects the
ability of the Secretary to join an adjudication of rights to the use of water
pursuant to 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 waterNothing 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 protectionNothing 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)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.
14.Nonapplicability
of Federal Advisory Committee ActThe Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to—
(1)the Board;
or
(2)any
Partnership.
15.
(a)Authorization
of appropriations
(1)Fish habitat
conservation projectsThere 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)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)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 assistanceThere 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 expensesThere 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)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)
(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 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)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.
July 17, 2012
Reported without amendment