[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Pages S4370-S4373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL (for herself, Ms. Murkowski, Mrs. Murray, Mrs. 
        Feinstein, Mrs. Boxer, Mr. Wyden, Mr. Merkley, and Mr. Begich):
  S. 817. A bill to establish a Salmon Stronghold Partnership program 
to conserve 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 2009, 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 Quileute Tribe, the Wild Salmon Center, and Bill Ruckelshaus.
  Wild Pacific salmon are central to the culture, economy, and 
environment of western North America. While current Federal, State, and 
local 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. Current 
efforts to recover threatened or endangered salmon stocks are vital. 
This is why I have consistently fought for increased funding for the 
Pacific Coast Salmon Recovery Fund, PCSRF, and will continue to proudly 
do so.
  The PCSRF, 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's 2,400 barriers removed and 2,400 
miles of habitat restored. In 2008, for every Federal dollar spent on 
this program it leveraged about $2 local and State dollars.
  I will continue the fight to protect this salmon recovery funding. 
But more must be done. A key purpose of this act is to complement 
existing Federal, State and local salmon recovery efforts by directing 
new Federal resources to conserve healthy salmon populations. This 
legislation will utilize sound science to identify and sustain core 
centers of salmon abundance, productivity, and diversity in the 
healthiest remaining salmon ecosystems throughout the Pacific States.
  This bill establishes 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 non-
governmental organizations in efforts to protect salmon strongholds.
  It is time to increase funding for recovery efforts, but also focus 
on prevention. It is time to adopt the kind of comprehensive solution 
that can solidify the place wild Pacific salmon hold 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. 817

       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 2009''.
       (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. Salmon Stronghold Partnership.
Sec. 5. Information and assessment.
Sec. 6. Salmon stronghold watershed grants and technical assistance 
              program.
Sec. 7. Interagency cooperation.
Sec. 8. International cooperation.
Sec. 9. Acquisition and transfer of real property interests.
Sec. 10. Administrative provisions.
Sec. 11. Limitations.
Sec. 12. Reports to Congress.
Sec. 13. Authorization of appropriations.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Several species of salmon native to the rivers of the 
     United States are highly migratory, interacting with salmon 
     originating from Canada, Japan, Russia, and South Korea and 
     spending portions of their life history outside of the 
     territorial waters of the United States. Recognition of the 
     migratory and transboundary nature of salmon species has led 
     countries of the North Pacific to seek enhanced coordination 
     and cooperation through multilateral and bi-lateral 
     agreements.
       (2) Salmon are a keystone species, sustaining more than 180 
     other species in freshwater and marine ecosystems. They are 
     also an indicator of ecosystem health and potential impacts 
     of climate change.
       (3) Salmon are a central part of the culture, economy, and 
     environment of Western North America.
       (4) Economic activities relating to salmon generate 
     billions of dollars of economic activity and provide 
     thousands of jobs.
       (5) During the anticipated rapid environmental change 
     during the period beginning on the date of the enactment of 
     this Act, maintaining key ecosystem processes and functions, 
     population abundance, and genetic integrity will be vital to 
     ensuring the health of salmon populations.
       (6) Salmon strongholds provide critical production zones 
     for commercial, recreational, and subsistence fisheries.
       (7) Taking into consideration the frequency with which 
     fisheries have collapsed during the period preceding the date 
     of the enactment of this Act, using scientific research to 
     correctly identify and conserve core centers of abundance, 
     productivity, and diversity is vital to sustain salmon 
     populations and fisheries in the future.
       (8) Measures being undertaken as of the date of the 
     enactment of this Act to recover threatened or endangered 
     salmon stocks, including Federal, State, and local programs 
     to restore salmon habitat, are vital. These measures will be 
     complemented and enhanced by identifying and sustaining core 
     centers of abundance, productivity, and diversity in the 
     healthiest remaining salmon ecosystems throughout the range 
     of salmon species.
       (9) The effects of climate change are affecting salmon 
     habitat at all life history stages and future habitat 
     conservation must consider climate change projections to 
     safeguard natural systems under future climate conditions.
       (10) Greater coordination between public and private 
     entities can assist salmon strongholds by marshaling and 
     focusing resources on scientifically-supported, high priority 
     conservation actions.
       (b) Purposes.--The purposes of this Act are--
       (1) to expand Federal support and resources for the 
     protection and restoration of the healthiest remaining salmon 
     strongholds in

[[Page S4371]]

     North America to sustain core centers of salmon abundance, 
     productivity, and diversity in order to ensure the long-term 
     viability of salmon populations--
       (A) in the States of California, Idaho, Oregon, and 
     Washington, by focusing resources on cooperative, incentive-
     based efforts to conserve the roughly 20 percent of salmon 
     habitat that supports approximately two-thirds of salmon 
     abundance; and
       (B) in the State of Alaska, a regional stronghold that 
     produces more than one-third of all salmon, by increasing 
     resources available to public and private organizations 
     working cooperatively to conserve regional core centers of 
     salmon abundance and diversity;
       (2) to maintain and enhance economic benefits related to 
     fishing or associated with healthy salmon stronghold 
     habitats, including flood protection, recreation, water 
     quantity and quality, carbon sequestration, climate change 
     mitigation and adaptation, and other ecosystem services; and
       (3) to complement and add to existing Federal, State, and 
     local salmon recovery efforts by using sound science to 
     identify and sustain core centers of salmon abundance, 
     productivity, and diversity in the healthiest remaining 
     salmon ecosystems throughout their range.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Assistant Administrator for the National Marine Fisheries 
     Service of the National Oceanic and Atmospheric 
     Administration.
       (2) Board.--The term ``Board'' means the Salmon Stronghold 
     Partnership Board established under section 4.
       (3) Charter.--The term ``charter'' means the charter of the 
     Board 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.--Except as otherwise provided, 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 that occur in the Western 
     United States, including--
       (A) chum salmon (Oncorhynchus keta);
       (B) pink salmon (Oncorhynchus gorbuscha);
       (C) sockeye salmon (Oncorhynchus nerka);
       (D) chinook salmon (Oncorhynchus tshawytscha);
       (E) coho salmon (Oncorhynchus kisutch); and
       (F) steelhead trout (Oncorhynchus mykiss).
       (8) Salmon stronghold.--The term ``salmon stronghold'' 
     means all or part of a watershed or that meets biological 
     criteria for abundance, productivity, diversity (life history 
     and run timing), habitat quality, or other biological 
     attributes important to sustaining viable populations of 
     salmon throughout their range, as defined by the Board.
       (9) Salmon stronghold partnership.--The term ``Salmon 
     Stronghold Partnership'' means the Salmon Stronghold 
     Partnership established under section 4(a)(1).
       (10) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce.

     SEC. 4. SALMON STRONGHOLD PARTNERSHIP.

       (a) In General.--
       (1) Establishment.--The Secretary shall establish a Salmon 
     Stronghold Partnership that is a cooperative, incentive-
     based, public-private partnership among appropriate Federal, 
     State, tribal, and local governments, private landowners, and 
     nongovernmental organizations working across political 
     boundaries, government jurisdictions, and land ownerships to 
     identify and conserve salmon strongholds.
       (2) Membership.--To the extent possible, the membership of 
     the Salmon Stronghold Partnership shall include each entity 
     described under subsection (b).
       (3) Leadership.--The Salmon Stronghold Partnership shall be 
     managed by a Board established by the Secretary to be known 
     as the Salmon Stronghold Partnership Board.
       (b) Salmon Stronghold Partnership Board.--
       (1) In general.--The Board shall consist of representatives 
     with strong scientific or technical credentials and expertise 
     as follows:
       (A) 1 representative from each of--
       (i) the National Marine Fisheries Service, as appointed by 
     the Administrator;
       (ii) the United States Fish and Wildlife Service, as 
     appointed by the Director;
       (iii) the Forest Service, as appointed by the Chief of the 
     Forest Service;
       (iv) the Environmental Protection Agency, as appointed by 
     the Administrator of the Environmental Protection Agency;
       (v) the Bonneville Power Administration, as appointed by 
     the Administrator of the Bonneville Power Administration;
       (vi) the Bureau of Land Management, as appointed by the 
     Director of the Bureau of Land Management; and
       (vii) the Northwest Power and Conservation Council, as 
     appointed by the Northwest Power and Conservation Council.
       (B) 1 representative from the natural resources staff of 
     the office of the Governor or of an appropriate natural 
     resource agency of a State, as appointed by the Governor, 
     from each of the States of--
       (i) Alaska;
       (ii) California;
       (iii) Idaho;
       (iv) Oregon; and
       (v) Washington.
       (C) Not less than 3 and not more than 5 representatives 
     from Indian tribes or tribal commissions located within the 
     range of a salmon species, as appointed by such Indian tribes 
     or tribal commissions, in consultation with the Board.
       (D) 1 representative from each of 3 non-governmental 
     organizations with salmon conservation and management 
     expertise, as selected by the Board.
       (E) 1 national or regional representative from an 
     association of counties, as selected by the Board.
       (F) Representatives of other entities with significant 
     resources regionally dedicated to the protection of salmon 
     ecosystems that the Board determines are appropriate, as 
     selected by the Board.
       (2) Failure to appoint.--If a representative described in 
     subparagraph (B), (C), (D), (E), or (F) of paragraph (1) is 
     not appointed to the Board or otherwise fails to participate 
     in the Board, the Board shall carry out its functions until 
     such representative is appointed or joins in such 
     participation.
       (c) Meetings.--
       (1) Frequency.--Not less frequently than 3 times each year, 
     the Board shall meet to provide opportunities for input from 
     a broader set of stakeholders.
       (2) Notice.--Prior to each meeting, the Board shall give 
     timely notice of the meeting to the public, the government of 
     each county, and tribal government in which a salmon 
     stronghold is identified by the Board.
       (d) Board Consultation.--The Board shall seek expertise 
     from fisheries experts from agencies, colleges, or 
     universities, as appropriate.
       (e) Chairperson.--The Board shall nominate and select a 
     Chairperson from among the members of the Board.
       (f) Committees.--The Board--
       (1) shall establish a standing science advisory committee 
     to assist the Board in the development, collection, 
     evaluation, and peer review of statistical, biological, 
     economic, social, and other scientific information; and
       (2) may establish additional standing or ad hoc committees 
     as the Board determines are necessary.
       (g) 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) includes--
       (A) the defining criteria for a salmon stronghold;
       (B) the process for identifying salmon strongholds; and
       (C) the process for reviewing and awarding grants under the 
     program, including--
       (i) the number of years for which such a grant may be 
     awarded;
       (ii) the process for renewing such a grant;
       (iii) the eligibility requirements for such a grant;
       (iv) the reporting requirements for projects awarded such a 
     grant; and
       (v) the criteria for evaluating the success of a project 
     carried out with such a grant.
       (h) Federal Advisory Committee 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 salmon strongholds, in 
     coordination with other regional salmon efforts, including--
       (1) triennial assessment of status and trends in salmon 
     strongholds;
       (2) geographic information system and mapping support to 
     facilitate conservation planning;
       (3) projections of climate change impacts on all habitats 
     and life history stages of salmon;
       (4) development and application of models and other tools 
     to identify salmon conservation actions projected to have the 
     greatest positive impacts on salmon abundance, productivity, 
     or diversity within salmon strongholds; and
       (5) measurement of the effectiveness of the Salmon 
     Stronghold Partnership activities.

     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

[[Page S4372]]

     network of salmon strongholds, and assist locally in specific 
     actions that support the Salmon Stronghold Partnership;
       (3) to support entities represented on the Board--
       (A) to develop strategies focusing on salmon conservation 
     actions projected to have the greatest positive impacts on 
     abundance, productivity, or diversity in salmon strongholds; 
     and
       (B) to provide financial assistance to the Salmon 
     Stronghold Partnership to increase local economic 
     opportunities and resources for actions or practices that 
     provide long-term or permanent conservation and that maintain 
     key ecosystem services in salmon strongholds, including--
       (i) payments for ecosystem services; and
       (ii) demonstration projects designed for specific salmon 
     strongholds;
       (4) to maintain a forum to share best practices and 
     approaches, employ consistent and comparable metrics, 
     forecast and address climate impacts, and monitor, evaluate, 
     and report regional status and trends of salmon ecosystems in 
     coordination with related regional and State efforts;
       (5) to carry out activities and existing conservation 
     programs in, and across, salmon strongholds on a regional 
     scale to achieve the goals of the Salmon Stronghold 
     Partnership;
       (6) to accelerate the implementation of recovery plans in 
     salmon strongholds that have salmon populations listed as 
     threatened or endangered under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.);
       (7) to develop and make information available to the public 
     pertaining to the Salmon Stronghold Partnership; and
       (8) to conduct education outreach to the public, in 
     coordination with other programs, to encourage increased 
     stewardship of salmon strongholds.
       (c) Selection.--Projects that will be carried out with 
     assistance from the program shall be selected and 
     administered as follows:
       (1) Site-based projects.--A project that will be carried 
     out with assistance from the program within 1 State shall be 
     selected as follows:
       (A) State selection.--If a State has a competitive grant 
     process relating to salmon conservation in effect as of the 
     date of enactment of this Act and has a proven record of 
     implementing an efficient, cost-effective, and competitive 
     grant program for salmon conservation or has a viable plan to 
     provide accountability under the program--
       (i) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall provide program funds to 
     the State; and
       (ii) the State shall select and administer projects to be 
     carried out in such State, in accordance with subsection (d).
       (B) National fish and wildlife foundation selection.--If a 
     State does not meet the criteria described in subparagraph 
     (A)--
       (i) the Administrator, in consultation with the Director, 
     shall provide funds to the National Fish and Wildlife 
     Foundation; and
       (ii) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall select and administer 
     projects to be carried out in such State, in accordance with 
     subsection (d).
       (2) Multisite and programmatic initiatives.--For a project 
     that will be carried out with assistance from the program in 
     more than 1 State or that is a programmatic initiative that 
     affect more than 1 State--
       (A) the Administrator, in consultation with the Director, 
     shall provide funds to the National Fish and Wildlife 
     Foundation; and
       (B) the National Fish and Wildlife Foundation, in 
     consultation with the Board, shall select and administer such 
     projects to be carried out, in accordance with subsection 
     (d).
       (d) Criteria for Approval.--
       (1) Criteria developed by the board.--
       (A) Requirement to develop.--The Board shall develop and 
     provide criteria for the prioritization of projects funded 
     under the program in a manner that enables projects to be 
     individually ranked in sequential order by the magnitude of 
     the project's positive impacts on salmon abundance, 
     productivity, or diversity.
       (B) Specific requirements.--The criteria required by 
     subparagraph (A) shall require that a project that receives 
     assistance under the program--
       (i) contributes to the conservation of salmon;
       (ii) meets the criteria for eligibility established in the 
     charter;
       (iii)(I) addresses a factor limiting or threatening to 
     limit abundance, productivity, diversity, habitat quality, or 
     other biological attributes important to sustaining viable 
     salmon populations within a salmon stronghold; or
       (II) is a programmatic action that supports the Salmon 
     Stronghold Partnership;
       (iv) addresses limiting factors to healthy ecosystem 
     processes or sustainable fisheries management;
       (v) has the potential for conservation benefits and broadly 
     applicable results; and
       (vi) meets the requirements for--

       (I) cost sharing described in subsection (e); and
       (II) the limitation on administrative expenses described in 
     subsection (f).

       (C) Schedule for development.--The Board shall--
       (i) develop and provide the criteria required by 
     subparagraph (A) prior to the initial solicitation of 
     projects under the program; and
       (ii) revise such criteria not less often than once each 
     year.
       (e) Cost Sharing.--
       (1) Federal share.--
       (A) Non-federal land.--For any fiscal year, the Federal 
     share of the cost of a project that receives assistance under 
     the program and that is carried out on land that is not owned 
     by the United States shall not exceed 50 percent of the total 
     cost of the project.
       (B) Federal land.--For any fiscal year, the Federal share 
     of the cost of a project that receives assistance under the 
     program and that is carried out on land that is owned by the 
     United States, including the acquisition of inholdings, may 
     be up to 100 percent of the total cost of the project.
       (2) Non-federal share.--
       (A) In general.--Subject to subparagraph (B), the non-
     Federal share of the cost of a project that receives 
     assistance under the program may not be derived from Federal 
     grant programs, but may include in-kind contributions.
       (B) Bonneville power administration.--Any amounts provided 
     by the Bonneville Power Administration directly or through a 
     grant to another entity used to carry out a project that 
     receives assistance under the program shall be credited 
     toward the non-Federal share of the cost of the project.
       (f) Administrative Expenses.--Of the amount available to a 
     State or the National Fish and Wildlife Foundation under the 
     program for each fiscal year, such State and the National 
     Fish and Wildlife Foundation shall not expend more than 5 
     percent of such amount for administrative and reporting 
     expenses necessary to carry out this section.
       (g) Reports.--
       (1) Reports to states or nfwf.--Each person who receives 
     assistance through a State or the National Fish and Wildlife 
     Foundation under the program for a project shall provide 
     periodic reports to the State or the National Fish and 
     Wildlife Foundation, as appropriate, that includes the 
     information required by the State or the National Fish and 
     Wildlife Foundation to evaluate the progress and success of 
     the project.
       (2) Reports to the administration.--Not less frequently 
     than once every 3 years, each State that is provided program 
     funds under subsection (c)(1)(A) and the National Fish and 
     Wildlife Foundation shall provide reports to the 
     Administrator that include the information required by the 
     Administrator to evaluate the implementation of the program.

     SEC. 7. INTERAGENCY COOPERATION.

       The head of each Federal agency or department responsible 
     for acquiring, managing, or disposing of Federal land that is 
     within a salmon stronghold shall, to the extent consistent 
     with the mission of the agency or department and existing 
     law, cooperate with the Administrator and the Director--
       (1) to conserve the salmon strongholds; and
       (2) to effectively coordinate and streamline Salmon 
     Stronghold Partnership activities and delivery of 
     overlapping, incentive-based programs that affect the salmon 
     stronghold.

     SEC. 8. INTERNATIONAL COOPERATION.

       (a) Authority To Cooperate.--The Administrator and the 
     Board may share status and trends data, innovative 
     conservation strategies, conservation planning methodologies, 
     and other information with North Pacific countries, including 
     Canada, Japan, Russia, and South Korea, and appropriate 
     international entities to promote conservation of salmon and 
     salmon habitat.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Administrator and the Board, or entities that are members 
     of the Board, should and are encouraged to provide 
     information to North Pacific countries, including Canada, 
     Japan, Russia, and South Korea, and appropriate international 
     entities to support the development of a network of salmon 
     strongholds across the nations of the North Pacific.

     SEC. 9. ACQUISITION AND TRANSFER OF REAL PROPERTY INTERESTS.

       (a) Use of Real Property.--No project that will result in 
     the acquisition by the Secretary or the Secretary of the 
     Interior of any land or interest in land, in whole or in 
     part, may receive funds under this Act unless the project is 
     consistent with the purposes of this Act.
       (b) Private Property 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.
       (c) Transfer of Real Property.--No land or interest in 
     land, acquired in whole or in part by the Secretary of the 
     Interior with Federal funds made available under this Act to 
     carry out a salmon stronghold conservation project may be 
     transferred to a State, other public agency, or other entity 
     unless--
       (1) the Secretary of the Interior determines that the 
     State, agency, or entity is committed to manage, in 
     accordance with this Act and the purposes of this Act, the 
     property being transferred; and
       (2) the deed or other instrument of transfer contains 
     provisions for the reversion of the title to the property to 
     the United States if the State, agency, or entity fails to 
     manage the property in accordance with this Act and the 
     purposes of this Act.
       (d) Requirement.--Any real property interest conveyed under 
     subsection (c) shall be subject to such terms and conditions 
     as will ensure, to the maximum extent practicable,

[[Page S4373]]

     that the interest will be administered in accordance with 
     this Act and the purposes of this Act.

     SEC. 10. ADMINISTRATIVE PROVISIONS.

       (a) Contracts, Grants, and Transfers of Funds.--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 or 
     department to be used by the agency or department to award 
     financial assistance for any salmon stronghold protection, 
     restoration, or enhancement project that the Secretary 
     determines to be consistent with this Act.
       (b) 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 or 
     departments through interagency agreements.
       (c) Interagency Financing.--The Secretary may participate 
     in interagency financing, including receiving appropriated 
     funds from other agencies or departments to carry out this 
     Act.
       (d) Staff.--Subject to the availability of appropriations, 
     the Administrator may hire such additional full-time 
     employees as are necessary to carry out this Act.

     SEC. 11. 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 the 
     management or priority of water rights under State law;
       (2) to affect existing water rights under Federal or State 
     law;
       (3) to affect any Federal or State law in existence on the 
     date of enactment of this Act regarding water quality or 
     water quantity;
       (4) to affect the authority, jurisdiction, or 
     responsibility of any agency or department of the United 
     States or of a State to manage, control, or regulate fish and 
     resident wildlife under a Federal or State law or regulation;
       (5) to authorize the Secretary or the Secretary of the 
     Interior to control or regulate hunting or fishing under 
     State law;
       (6) to abrogate, abridge, affect, modify, supersede, or 
     otherwise alter any right of a federally recognized Indian 
     tribe under any applicable Federal or tribal law or 
     regulation; or
       (7) to diminish or affect the ability of the Secretary or 
     the Secretary of the Interior to join the adjudication of 
     rights to the use of water pursuant to subsections (a), (b), 
     or (c) of section 208 of the Department of Justice 
     Appropriation Act, 1953 (43 U.S.C. 666).

     SEC. 12. REPORTS TO CONGRESS.

       Not less frequently than once every 3 years, the 
     Administrator, in consultation with the Director, shall 
     submit to Congress a report describing the activities carried 
     out under this Act, including the recommendations of the 
     Administrator, if any, for legislation relating to the Salmon 
     Stronghold Partnership.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       (a) Grants.--
       (1) In general.--There is authorized to be appropriated to 
     the Administrator, to be distributed by the National Fish and 
     Wildlife Foundation as a fiscal agent, to provide grants 
     under the program, $30,000,000 for each of fiscal years 2009 
     through 2013.
       (2) Board.--The National Fish and Wildlife Foundation 
     shall, from the amount appropriated pursuant to the 
     authorization of appropriations in paragraph (1), make 
     available sufficient funds to the Board to carry out its 
     duties under this Act.
       (b) Technical Assistance.--For each of fiscal years 2009 
     through 2013, there is authorized to be appropriated to the 
     Administrator $300,000 to provide technical assistance under 
     the program and to carry out section 5.
       (c) Availability of Funds.--Amounts appropriated pursuant 
     to an authorization of appropriations in this section are 
     authorized to remain available until expended.
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