[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9669-S9671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL (for herself, Ms. Murkowski, Mrs. Murray, Mr. 
        Wyden, Mrs. Boxer, Mrs. Feinstein, Mr. Smith, and Mr. Stevens):
  S. 3608. A bill to establish a Salmon Stronghold Partnership program 
to protect wild Pacific salmon and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Pacific 
Salmon Stronghold Conservation Act of 2008, together with my colleague 
from Alaska, Senator Murkowski. I am grateful for all the input and 
collaboration from key stakeholders in Washington State that I have 
received on this legislation. I am especially grateful for the input 
from the Quinault Tribe, the Wild Salmon Center, and Bill Ruckelshaus.
  While current Federal salmon recovery efforts are focused on 
recovering salmon listed under the Endangered Species Act, ESA, seeking 
to ``restore what we've lost,'' the Salmon Stronghold Act seeks to 
``protect what we have.'' To this end, I have consistently fought for 
increased funding for the Pacific Coast Salmon Recovery Fund and will 
continue to proudly do so. In addition, with this legislation we will 
direct new Federal resources on protection of healthy salmon 
population.
  Restoring threatened and endangered salmon in the Pacific Northwest 
is an imperative. Wild Pacific salmon are central to the culture, 
economy, and environment of western North America. The Pacific Coast 
Salmon Recovery Fund, since its inception in 2000, has allowed my home 
State of Washington to focus the efforts of counties and conservation 
districts, on average, to remove 300 barriers to fish passage and to 
open 300 miles of habitat each year. That is 2,400 barriers removed and 
2,400 miles of habitat restored. In 2007, for every Federal dollar 
spent on this program it leveraged about $2 in local and State dollars.
  I will continue the fight to protect this salmon recovery funding. 
But more must be done. This legislation will complement ongoing 
recovery efforts to ensure the future viability of healthy wild Pacific 
salmon runs by establishing a Federal program supporting voluntary 
public-private incentive-based efforts to proactively maintain the 
rivers that are home to the thriving populations of Pacific salmon--
known as our ``Salmon Strongholds.''
  This bill does that by establishing a new regional Salmon Stronghold 
Partnership program that provides Federal support and resources to 
protect a network of the healthiest remaining wild Pacific salmon 
ecosystems in North America. The bill promotes enhanced coordination 
and cooperation of Federal, tribal, State and local governments, public 
and private land managers, fisheries managers, power authorities, and 
nongovernmental organizations in efforts to protect salmon strongholds.
  It is time to increase funding to recovery efforts, but also focus on 
prevention. It is time to adopt the kind of comprehensive solution that 
can solidify wild Pacific salmon's place in American culture for 
generations to come.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3608

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Pacific 
     Salmon Stronghold Conservation Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Establishment of Salmon Stronghold Partnership Board.
Sec. 5. Information and assessment.
Sec. 6. Salmon stronghold watershed grants and technical assistance 
              program.
Sec. 7. Conservation of salmon strongholds on Federal land.
Sec. 8. Conditions relating to salmon stronghold conservation projects.
Sec. 9. Allocation of amounts.
Sec. 10. Accountability and reporting.
Sec. 11. Regulations.
Sec. 12. Limitations.
Sec. 13. Private property protection.

     SEC. 2. FINDINGS; PURPOSES.

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

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Assistant Administrator for the National Marine Fisheries 
     Service of

[[Page S9670]]

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

     SEC. 4. ESTABLISHMENT OF SALMON STRONGHOLD PARTNERSHIP BOARD.

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

     SEC. 5. INFORMATION AND ASSESSMENT.

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

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

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

[[Page S9671]]

       (f) Staff.--Subject to the availability of appropriations, 
     the Administrator may hire such additional full-time 
     employees as are necessary to carry out this Act.
       (g) Authorization of Appropriations.--
       (1) Grants.--There is authorized to be appropriated to the 
     Administrator, to be distributed by the National Fish and 
     Wildlife Foundation as a fiscal agent, to provide grants 
     under this section $15,000,000 for each of fiscal years 2009 
     through 2013, to remain available until expended.
       (2) Technical assistance.--For each of fiscal years 2009 
     through 2013, there is authorized to be appropriated to the 
     Administrator an additional $300,000 to carry out this 
     section and section 5, to remain available until expended.

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

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

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

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

     SEC. 9. ALLOCATION OF AMOUNTS.

       (a) Federal Share.--
       (1) Non-federal land.--For any fiscal year, the Federal 
     share of carrying out a salmon stronghold conservation 
     project that receives funds under section 6 on non-Federal 
     land shall not exceed 50 percent of the costs of the project.
       (2) Federal land.--For any fiscal year, the Federal share 
     of carrying out a salmon stronghold conservation project that 
     receives funds under section 6 on Federal land, including the 
     acquisition of inholdings, may be up to 100 percent of the 
     costs of the project.
       (b) Non-Federal Share.--
       (1) In general.--Subject to paragraph (2), the non-Federal 
     share of the cost of a project that receives funds under 
     section 6 may not be derived from Federal grant programs, but 
     may include in-kind contributions and cash.
       (2) Bonneville power administration.--Any amounts provided 
     by the Bonneville Power Administration directly or through a 
     grant to another entity shall be credited toward the non-
     Federal share of the cost of the project.
       (c) Provision of Funding.--In carrying out this Act, the 
     Secretary may--
       (1) consistent with a recommendation of the Board and 
     notwithstanding sections 6304 and 6305 of title 31, United 
     States Code, and the Federal Financial Assistance Management 
     Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106-
     107), enter into cooperative agreements, contracts, and 
     grants;
       (2) notwithstanding any other provision of law, apply for, 
     accept, and use grants from any person to carry out the 
     purposes of this Act; and
       (3) make funds available to any Federal agency to be used 
     by the agency to award financial assistance for any salmon 
     stronghold protection, restoration, and enhancement project 
     that the Secretary determines to be consistent with this Act.
       (d) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 to 
     authorize the organization to carry out activities under this 
     Act; and
       (B) accept donations of funds or services for use in 
     carrying out this Act.
       (2) Property.--The Secretary of the Interior may accept 
     donations of property for use in carrying out this Act.
       (3) Use of donations.--Donations accepted under this 
     section--
       (A) shall be considered to be gifts or bequests to, or for 
     the use of, the United States; and
       (B) may be used directly by the Secretary (or, in the case 
     of donated property under paragraph (2), the Secretary of the 
     Interior) or provided to other Federal agencies through 
     interagency agreements.
       (e) Interagency Financing.--The Secretary may participate 
     in interagency financing, including receiving appropriated 
     funds from other agencies to carry out this Act.

     SEC. 10. ACCOUNTABILITY AND REPORTING.

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

     SEC. 11. REGULATIONS.

       The Secretary may promulgate regulations to carry out this 
     Act.

     SEC. 12. LIMITATIONS.

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

     SEC. 13. PRIVATE PROPERTY PROTECTION.

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