[Congressional Record Volume 160, Number 37 (Wednesday, March 5, 2014)]
[Senate]
[Pages S1317-S1322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CARDIN (for himself and Mr. Crapo):
  S. 2080. A bill to conserve fish and aquatic communities in the 
United States through partnerships that foster fish habitat 
conservation, improve the quality of life for the people of the United 
States, enhance fish and wildlife-dependent recreation, and for other 
purposes; to the Committee on Environment and Public Works.
  Mr. CARDIN. Mr. President, I rise today to speak about a bill I am 
introducing with the Senior Senator from Idaho, that will help improve 
the long term health and abundance of United States' fish populations. 
Our bill takes a comprehensive approach to stopping the single greatest 
threat declining fish populations, by stemming the decline of healthy 
aquatic ecosystem habitats that are critical to all fish species.
  Improving the quality of fish habitat provides benefits beyond 
improving the health and abundance of fish populations. Healthier 
aquatic ecosystems means healthier habitats for waterfowl and other 
wildlife as well as safer recreational waters for Americans to swim, 
boat and fish in.
  North America is home to nearly 700 native fish species. This 
abundance of fish species is one of many natural treasures we must work 
to protect and maintain. Much like other precious natural resources in 
this country our wild fish populations face unfortunate anthropogenic 
threats. Forty percent of our native fish populations are in decline. 
This is due in large part to the impairment of more than half of our 
nation's waters including the waters of my state's, and the mid-
Atlantic region's greatest treasure, the Chesapeake Bay. Deliberate and 
targeted action is needed to stem the loss of our precious fish 
resources by ensuring that these important aquatic habitats are better 
preserved.
  State, federal and private efforts to address this challenge of 
improving and protecting critical fish habitat are underway in many 
states and in local communities. However, too many of these efforts are 
uncoordinated with one another which is leading to fragmented and less 
effective results than if these efforts carried out in a more networked 
and comprehensive fashion.
  Under the National Fish Habitat Conservation Act, Federal Government 
agencies will work in careful coordination with state and local 
governments, as well as stakeholder organizations and industries like 
conservation groups, fisherman, and companies in the outdoor recreation 
industry to collaboratively execute the scientifically most effective 
fish and aquatic habitat conservation projects possible.
  Our legislation leverages funds from Federal and State natural 
resource agencies and private funds to build regional partnerships 
focused on improving critical aquatic habitats across the country. 
Targeting these financial resources, through government and private 
partnership, towards projects in regional watersheds that will make the 
greatest improvements to the health of aquatic habitats will improve 
the health and abundance of native fish populations, improve the 
quality of life for surrounding communities, and improve recreational 
opportunities which is a boost to our national and local economies. The 
goal of this effort is to foster landscape scale starting at the local 
level through multi-state aquatic habitat improvement projects. The 
goal is also to engage stakeholders like commercial fisherman, anglers, 
outfitters and other angling and sportsmen industries to participate in 
this effort to make lasting improvements to the health and 
sustainability of our fisheries resources.
  The National Fish Habitat Conservation Act authorizes $7.2 million 
annually for fish habitat restoration and protection projects that are 
supported by regional Fish Habitat Partnerships the bill also 
establishes. Based on the successful North American Wetlands 
Conservation Act model, the National Fish Habitat Conservation Act 
establishes a multi-stakeholder National Fish Habitat Board to 
recommend projects to the Secretary of Interior for funding. Regional 
Fish Habitat Partnerships are responsible for implementing habitat 
protection and restoration projects in the watersheds that will enhance 
fish habitats and fish populations.
  The National Fish Habitat Conservation Act applies a proven and 
effective model for habitat conservation to protect and restore 
declining quality fish habitat. Our legislation ensures collaboration 
between expert stakeholders and state and regional fisheries resource 
managers to ensure the effectiveness of the work that is done.
  I look forward to working with my colleagues to pass this important 
legislation.
  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. 2080

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) healthy populations of fish depend on the conservation, 
     protection, restoration, and enhancement of fish habitats in 
     the United States;
       (2) fish habitats (including wetlands, streams, rivers, 
     lakes, estuaries, and coastal and marine habitats) 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 fish habitat resources of the 
     United States are of enormous significance to the economy of 
     the United States, providing--
       (A) recreation for 60,000,000 anglers;
       (B) more than 828,000 jobs and approximately 
     $115,000,000,000 in economic impact each year relating to 
     recreational fishing; and
       (C) approximately 575,000 jobs and an additional 
     $36,000,000,000 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 fish habitats;
       (5) certain fish species are considered to be ecological 
     indicators of fish habitat quality, such that the presence of 
     those species reflects high-quality habitat for fish species;
       (6) loss and degradation of fish 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 populations has not been fully realized, despite 
     federally funded fish and wildlife restoration programs and 
     other activities intended to conserve fish habitat; and
       (B) 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 fish habitats to 
     perpetuate populations of fish species;
       (9) the United States can achieve significant progress 
     toward providing fish habitats for the conservation and 
     restoration of fish species 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,

[[Page S1318]]

     and tribal agencies is critical to the success of activities 
     to restore fish habitats;
       (11) the Federal Government has numerous 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 fish 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 fish habitats in their respective States 
     and territories; and
       (B) the development, operation, and long-term success of 
     fish habitat partnerships and project implementation; and
       (15) many of the programs for conservation on private 
     farmland, ranchland, and forestland that are carried out by 
     the Secretary of Agriculture, including the Natural Resources 
     Conservation Service and the State and Private Forestry 
     programs of the Forest Service, are able to significantly 
     contribute to the implementation of the National Fish Habitat 
     Action Plan through the engagement of private landowners.
       (b) Purpose.--The purpose of this Act is to encourage 
     partnerships among public agencies and other interested 
     parties consistent with the mission and goals of the National 
     Fish Habitat Action Plan--
       (1) to promote intact and healthy fish habitats;
       (2) to improve the quality and quantity of fish habitats 
     and overall health of fish species;
       (3) to increase the quality and quantity of fish habitats 
     that support a broad natural diversity of fish and other 
     aquatic species;
       (4) to improve fish habitats in a manner that leads to 
     improvement of the annual economic output from recreational, 
     subsistence, and commercial fishing;
       (5) to enhance fish and wildlife-dependent recreation;
       (6) to coordinate and facilitate activities carried out by 
     Federal departments and agencies under the leadership of--
       (A) the Director of the United States Fish and Wildlife 
     Service;
       (B) the Assistant Administrator for Fisheries of the 
     National Oceanic and Atmospheric Administration; and
       (C) the Director of the United States Geological Survey; 
     and
       (7) to achieve other purposes in accordance with the 
     mission and goals of the National Fish Habitat Action Plan.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Assistant administrator.--The term ``Assistant 
     Administrator'' means the Assistant Administrator for 
     Fisheries of the National Oceanic and Atmospheric 
     Administration.
       (3) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 4(a)(1).
       (4) Conservation; conserve; manage; management.--The terms 
     ``conservation'', ``conserve'', ``manage'', and 
     ``management'' mean to maintain, sustain, and, where 
     practicable, 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 the regulated harvesting of fish)--
       (A) a healthy population of fish;
       (B) a habitat required to sustain fish and fish 
     populations; or
       (C) a habitat required to sustain fish productivity.
       (5) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (6) Fish.--
       (A) In general.--The term ``fish'' means any freshwater, 
     diadromous, estuarine, or marine finfish or shellfish.
       (B) Inclusions.--The term ``fish'' includes the egg, spawn, 
     spat, larval, and other juvenile stages of an organism 
     described in subparagraph (A).
       (7) Fish and wildlife-dependent recreation.--The term 
     ``fish and wildlife-dependent recreation'' means a use 
     involving hunting, fishing, wildlife observation and 
     photography, or conservation education and interpretation.
       (8) Fish habitat.--
       (A) In general.--The term ``fish habitat'' means an area on 
     which fish depend to carry out the life processes of the 
     fish, including an area used by the fish for spawning, 
     incubation, nursery, rearing, growth to maturity, food 
     supply, or migration.
       (B) Inclusions.--The term ``fish habitat'' may include--
       (i) an area immediately adjacent to an aquatic environment, 
     if the immediately adjacent area--

       (I) contributes to the quality and quantity of water 
     sources; or
       (II) provides public access for the use of fishery 
     resources; and

       (ii) an area inhabited by saltwater and brackish fish, 
     including an offshore artificial marine reef in the Gulf of 
     Mexico.
       (9) Fish habitat conservation project.--
       (A) In general.--The term ``fish habitat conservation 
     project'' means a project that--
       (i) is submitted to the Board by a Partnership and approved 
     by the Secretary under section 6; and
       (ii) provides for the conservation or management of a fish 
     habitat.
       (B) Inclusions.--The term ``fish habitat conservation 
     project'' includes--
       (i) the provision of technical assistance to a State, 
     Indian tribe, or local community by the National Fish Habitat 
     Conservation Partnership Program or any other agency to 
     facilitate the development of strategies and priorities for 
     the conservation of fish habitats; or
       (ii) the voluntary obtaining of a real property interest in 
     land or water, by a State, local government, or other non-
     Federal entity, 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.

       (10) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (11) National fish habitat action plan.--The term 
     ``National Fish Habitat Action Plan'' means the National Fish 
     Habitat Action Plan dated April 24, 2006, and any subsequent 
     revisions or amendments to that plan.
       (12) Partnership.--The term ``Partnership'' means an entity 
     designated by the Board as a Fish Habitat Conservation 
     Partnership pursuant to section 5(a).
       (13) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land;
       (B) water (including water rights); or
       (C) a building or object that is permanently affixed to 
     land.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (15) State.--The term ``State'' means--
       (A) each of the several States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) the Virgin Islands; and
       (F) any other territory or possession of the United States.
       (16) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State;
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources or sustains the habitat for those fishery 
     resources of the State pursuant to State law or the 
     constitution of the State; or
       (C) the fish and wildlife agency of the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, or any other territory 
     or possession of the United States.

     SEC. 4. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) Fish habitat board.--There is established a board, to 
     be known as the ``National Fish Habitat Board'', whose duties 
     are--
       (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 fish 
     habitat conservation;
       (C) to approve Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 28 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

[[Page S1319]]

     agencies from each of the Northeast, Southeast, Midwest, and 
     Western regions of the United States;
       (I) 1 shall be a representative of the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, or any other territory 
     or possession of the United States;
       (J) 1 shall be a representative of the American Fisheries 
     Society;
       (K) 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;
       (L) 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);
       (M) 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;
       (N) 1 shall be a representative of the Sportfishing and 
     Boating Partnership Council; and
       (O) 10 shall be representatives selected from each of the 
     following groups:
       (i) The recreational sportfishing industry.
       (ii) The commercial fishing industry.
       (iii) Marine recreational anglers.
       (iv) Freshwater recreational anglers.
       (v) Terrestrial resource conservation organizations.
       (vi) Aquatic resource conservation organizations.
       (vii) The livestock and poultry production industry.
       (viii) The land development industry.
       (ix) The row crop industry.
       (x) Natural resource commodity interests, such as petroleum 
     or mineral extraction.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for an employee of an agency under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the home or regular place of business of the 
     member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     subsection, a member of the Board described in any of 
     subparagraphs (H) through (O) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the representatives of the board 
     established by the National Fish Habitat Action Plan shall 
     appoint the initial members of the Board described in 
     subparagraphs (H), (I), (J), (L), (M), (N), and (O) of 
     subsection (a)(2).
       (B) Tribal representatives.--Not later than 180 days after 
     the enactment of this Act, the Secretary shall provide to the 
     board established by the National Fish Habitat Action Plan a 
     recommendation of not less than 4 tribal representatives, 
     from which that board shall appoint 2 representatives 
     pursuant to subparagraph (K) of subsection (a)(2).
       (3) Transitional terms.--Of the members described in 
     subsection (a)(2)(O) initially appointed to the Board--
       (A) 4 shall be appointed for a term of 1 year;
       (B) 4 shall be appointed for a term of 2 years; and
       (C) 3 shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in subparagraphs (H), (I), (J), (L), (M), (N), and 
     (O) of subsection (a)(2) shall be filled by an appointment 
     made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (K) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     a list of not less than 4 tribal representatives, from which 
     the remaining members of the Board shall appoint a 
     representative to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (O) of subsection (a)(2) misses 3 
     consecutive regularly scheduled Board meetings, the members 
     of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The Board shall elect a member of the 
     Board to serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of \2/3\ of all members;
       (C) procedures for establishing national goals and 
     priorities for fish habitat conservation for the purposes of 
     this Act;
       (D) procedures for designating Partnerships under section 
     5; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 5. FISH HABITAT PARTNERSHIPS.

       (a) Authority to Approve.--The Board may approve and 
     designate Fish Habitat Partnerships in accordance with this 
     section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to coordinate the implementation of the National Fish 
     Habitat Action Plan at a regional level;
       (2) to identify strategic priorities for fish habitat 
     conservation;
       (3) to recommend to the Board fish habitat conservation 
     projects that address a strategic priority of the Board; and
       (4) to develop and carry out fish habitat conservation 
     projects.
       (c) Applications.--An entity seeking to be designated as a 
     Partnership shall submit to the Board an application at such 
     time, in such manner, and containing such information as the 
     Board may reasonably require.
       (d) Approval.--The Board may approve an application for a 
     Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) identifies representatives to provide support and 
     technical assistance to the Partnership from a diverse group 
     of public and private partners, which may include Federal, 
     State, or local governments, nonprofit entities, Indian 
     tribes, and private individuals, that are focused on 
     conservation of fish habitats to achieve results across 
     jurisdictional boundaries on public and private land;
       (2) is organized to promote the health of important fish 
     habitats and distinct geographical areas, important fish 
     species, or system types, including reservoirs, natural 
     lakes, coastal and marine environments, and estuaries;
       (3) identifies strategic fish and fish 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 
     decline in fish populations, rather than simply treating 
     symptoms in accordance with the National Fish Habitat Action 
     Plan; and
       (7) promotes collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.

     SEC. 6. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     calendar year, each Partnership shall submit to the Board a 
     list of fish habitat conservation projects recommended by the 
     Partnership for annual funding under this Act.
       (b) Recommendations by Board.--Not later than July 1 of 
     each calendar year, the Board shall submit to the Secretary a 
     description, including estimated costs, of each fish habitat 
     conservation project that the Board recommends that the 
     Secretary approve and fund under this Act, in order of 
     priority, for the following fiscal year.
       (c) Considerations.--The Board shall select each fish 
     habitat conservation project to be recommended to the 
     Secretary under subsection (b)--
       (1) based on a recommendation of the Partnership that is, 
     or will be, participating actively in carrying out the fish 
     habitat conservation project; and
       (2) after taking into consideration--
       (A) the extent to which the fish habitat conservation 
     project fulfills a purpose of this Act or a goal of the 
     National Fish Habitat Action Plan;
       (B) the extent to which the fish habitat conservation 
     project addresses the national priorities established by the 
     Board;
       (C) the availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e);
       (D) the extent to which the fish habitat conservation 
     project--
       (i) increases recreational 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 for fish and 
     wildlife-dependent recreational opportunities;
       (iv) advances the conservation of fish and wildlife species 
     that have been identified by the States as species in 
     greatest need of conservation;
       (v) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Fishery 
     Conservation and

[[Page S1320]]

     Management Act (16 U.S.C. 1801 et seq.), other relevant 
     Federal law, and State wildlife action plans; and
       (vi) promotes strong and healthy fish habitats such that 
     desired biological communities are able to persist and adapt; 
     and
       (E) the substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     Act unless the fish habitat conservation project includes an 
     evaluation plan designed--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met;
       (C) to identify improvements to existing recreational 
     fishing opportunities and the overall economic benefits for 
     the local community of the fish habitat conservation project; 
     and
       (D) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition of real property interests.--
       (A) Acquisition of real property interests.--
       (i) In general.--Subject to clause (ii), a State, local 
     government, or other non-Federal entity shall be eligible to 
     receive funds under this Act for the acquisition of real 
     property.
       (ii) Restriction.--No fish habitat conservation project 
     that will result in the acquisition by a State, local 
     government, or other non-Federal entity, in whole or in part, 
     of any real property interest may be recommended by the Board 
     under subsection (b) or provided financial assistance under 
     this Act unless the project meets the requirements of 
     subparagraph (B).
       (B) Requirements.--
       (i) In general.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, local government, or other non-Federal entity unless--

       (I) the Secretary determines that the State, local 
     government, or other non-Federal entity is obligated to 
     undertake the management of the real property being acquired 
     in accordance with the purposes of this Act; and
       (II) the owner of the real property authorizes the State, 
     local government, or other non-Federal entity to acquire the 
     real property.

       (ii) Additional conditions.--Any real property interest 
     acquired by a State, local government, or other non-Federal 
     entity pursuant to a fish habitat conservation project shall 
     be subject to terms and conditions established by the 
     Secretary providing for the long-term conservation and 
     management of the fish habitat and the fish and wildlife 
     dependent on that habitat.
       (iii) Public access.--

       (I) In general.--Any acquisition of fee title to real 
     property by a State, local government, or non-Federal entity 
     pursuant to this Act shall, where applicable and consistent 
     with State laws and regulations, provide public access to 
     that real property for compatible fish and wildlife-dependent 
     recreation.
       (II) Public access.--Public access to real property 
     described in subclause (I) shall be closed only for purposes 
     of protecting public safety, the property, or habitat.

       (iv) State agency approval.--

       (I) In general.--Any real property interest acquired by a 
     State, local government, or other non-Federal entity under 
     this Act shall be approved by the applicable State agency in 
     the State in which the fish habitat conservation project is 
     carried out.
       (II) Administration.--The Board shall not recommend, and 
     the Secretary shall not provide any funding under this Act 
     for, the acquisition of any real property interest described 
     in subclause (I) that has not been approved by the applicable 
     State agency.

       (v) Violation.--If the State, local government, or other 
     non-Federal entity violates any term or condition established 
     by the Secretary under clause (ii), the Secretary may require 
     the State, local government, or other non-Federal entity to 
     refund all or part of any payments received under this Act, 
     with interest on the payments as determined appropriate by 
     the Secretary.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraph (2), no 
     fish habitat conservation project may be recommended by the 
     Board under subsection (b) or provided financial assistance 
     under this Act unless at least 50 percent of the cost of the 
     fish habitat conservation project will be funded with non-
     Federal funds.
       (2) Projects on federal land or water.--Notwithstanding 
     paragraph (1), Federal funds may be used for payment of 100 
     percent of the costs of a fish habitat conservation project 
     located on Federal land or water.
       (3) Non-federal share.--The non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from a Federal grant program; but
       (B) may include in-kind contributions and cash.
       (4) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian tribe pursuant to this Act may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (f) Approval.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the recommendations of the Board for fish habitat 
     conservation projects under subsection (b), subject to the 
     limitations under subsection (d), and based, to the maximum 
     extent practicable, on the criteria described in subsection 
     (c)--
       (A) the Secretary shall approve, reject, or reorder the 
     priority of any fish habitat conservation project recommended 
     by the Board that is not within a marine or estuarine 
     habitat; and
       (B) the Secretary and the Secretary of Commerce shall 
     jointly approve, reject, or reorder the priority of any fish 
     habitat conservation project recommended by the Board that is 
     within a marine or estuarine habitat.
       (2) Funding.--If a fish habitat conservation project under 
     paragraph (1) is approved by the Secretary, or the Secretary 
     and the Secretary of Commerce jointly, the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, as 
     applicable, shall use amounts made available to carry out 
     this Act to provide funds to carry out the fish habitat 
     conservation project.
       (3) Notification.--If the priority of any fish habitat 
     conservation project recommended by the Board under 
     subsection (b) is rejected or reordered by the Secretary, or 
     the Secretary and the Secretary of Commerce jointly, the 
     Secretary, or the Secretary and the Secretary of Commerce 
     jointly, shall, not later than 180 days after the date of 
     receipt of the recommendations, provide to the Board, the 
     appropriate Partnership, and the appropriate congressional 
     committees a written statement of the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, as 
     applicable, detailing the reasons why the Secretary or the 
     Secretary and the Secretary of Commerce jointly rejected or 
     reordered the priority of the fish habitat conservation 
     project.

     SEC. 7. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP 
                   PROGRAM.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish a 
     program, to be known as the ``National Fish Habitat 
     Conservation Partnership Program'', within the Division of 
     Fish and Aquatic Conservation of the United States Fish and 
     Wildlife Service.
       (b) Functions.--The National Fish Habitat Conservation 
     Partnership Program 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 Program;
       (3) facilitate the cooperative development and approval of 
     Partnerships;
       (4) assist the Secretary and the Board in carrying out this 
     Act;
       (5) assist the Secretary in carrying out the requirements 
     of sections 8 and 10;
       (6) facilitate communication, cohesiveness, and efficient 
     operations for the benefit of Partnerships and the Board;
       (7) facilitate, with assistance from the Director, the 
     Assistant Administrator, and the President of the Association 
     of Fish and Wildlife Agencies, the consideration of fish 
     habitat conservation projects by the Board;
       (8) provide support to the Director regarding the 
     development and implementation of the interagency operational 
     plan under subsection (c);
       (9) coordinate technical and scientific reporting as 
     required by section 11;
       (10) facilitate the efficient use of resources and 
     activities of Federal departments and agencies to carry out 
     this Act in an efficient manner; and
       (11) provide support to the Board for national 
     communication and outreach efforts that promote public 
     awareness of fish habitat conservation.
       (c) Interagency Operational Plan.--Not later than 1 year 
     after the date of enactment of this Act, and every 5 years 
     thereafter, the Director, in cooperation with the Assistant 
     Administrator and the heads of other appropriate Federal 
     departments and agencies, shall develop an interagency 
     operational plan for the National Fish Habitat Conservation 
     Partnership Program that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs of the 
     Program; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.
       (d) Staff and Support.--
       (1) Departments of interior and commerce.--The Director and 
     the Assistant Administrator shall each provide appropriate 
     staff to support the National Fish Habitat Conservation 
     Partnership Program, subject to the availability of funds 
     under section 14.
       (2) States and indian tribes.--Each State and Indian tribe 
     is encouraged to provide staff to support the National Fish 
     Habitat Conservation Partnership Program.
       (3) Detailees and contractors.--The National Fish Habitat 
     Conservation Partnership Program may accept staff or other 
     administrative support from other entities--
       (A) through interagency details; or
       (B) as contractors.

[[Page S1321]]

       (4) Qualifications.--The staff of the National Fish Habitat 
     Conservation Partnership Program shall include members with 
     education and experience relating to the principles of fish, 
     wildlife, and habitat conservation.
       (e) Reports.--Not less frequently than once each year, the 
     Director shall provide to the Board a report describing the 
     activities of the National Fish Habitat Conservation 
     Partnership Program.

     SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE.

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

     SEC. 9. CONSERVATION OF FISH HABITAT ON FEDERAL LAND.

       To the extent consistent with the mission and authority of 
     the applicable department or agency, the head of each Federal 
     department and agency may coordinate with the Assistant 
     Administrator and the Director to promote healthy fish 
     populations and fish habitats.

     SEC. 10. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide a notice to, and cooperate 
     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, including notification, by not later 
     than 30 days before the date on which the activity is 
     implemented.

     SEC. 11. ACCOUNTABILITY AND REPORTING.

       (a) Reporting.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the progress of--
       (A) this Act; and
       (B) the National Fish Habitat Action Plan.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet (or other suitable measure) of fish habitat that 
     was maintained or improved 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 fish habitats 
     established or improved under the National Fish Habitat 
     Action Plan during that 2-year period;
       (C) a description of the opportunities for public 
     recreational fishing established under the National Fish 
     Habitat Action Plan during that period; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this Act during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 6(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 6(f), in 
     order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection or reordering of the 
     priority of each fish habitat conservation project 
     recommended by the Board under section 6(b) that was based on 
     a factor other than the criteria described in section 6(c); 
     and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian tribes, or other entities to carry 
     out fish habitat conservation projects.
       (b) Status and Trends Report.--Not later than December 31, 
     2015, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report describing 
     the status of fish habitats in the United States.
       (c) Revisions.--Not later than December 31, 2015, and every 
     5 years thereafter, the Board shall revise the goals and 
     other elements of the National Fish Habitat Action Plan, 
     after consideration of each report required by subsection 
     (b).

     SEC. 12. EFFECT OF ACT.

       (a) Water Rights.--Nothing in this Act--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of this Act regarding water quality or 
     water quantity.
       (b) Authority to Acquire Water Rights or Rights to 
     Property.--In carrying out section 6(d)(2), only a State, 
     local government, or other non-Federal entity may acquire, in 
     accordance with applicable State law, water rights or rights 
     to property pursuant to a fish habitat conservation projected 
     funded under this Act.
       (c) State Authority.--Nothing in this Act--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (d) Effect on Indian Tribes.--Nothing in this Act 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (e) Adjudication of Water Rights.--Nothing in this Act 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666).
       (f) Department of Commerce Authority.--Nothing in this Act 
     affects the authority, jurisdiction, or responsibility of the 
     Department of Commerce to manage, control, or regulate fish 
     or fish habitats under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).
       (g) Effect on Other Authorities.--
       (1) Private property protection.--Nothing in this Act 
     permits the use of funds made available to carry out this Act 
     to acquire real property or a real property interest without 
     the written consent of each owner of the real property or 
     real property interest.
       (2) Mitigation.--Nothing in this Act permits the use of 
     funds made available to carry out this Act for fish and 
     wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.
       (3) Clean water act.--Nothing in this Act affects or alters 
     any provision of the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), including any definition in that Act.

     SEC. 13. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

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

     SEC. 14. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2014 through 2018 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 
     program.--
       (A) In general.--There is authorized to be appropriated to 
     the Secretary for each of fiscal years 2014 through 2018 for 
     the National Fish Habitat Conservation Partnership Program, 
     and to carry out section 11, an amount equal to 5 percent of 
     the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1).
       (B) Required transfers.--The Secretary shall annually 
     transfer to other Federal departments and agencies such 
     percentage of the amounts made available pursuant to 
     subparagraph (A) as is required to support participation by 
     those departments and agencies in the National Fish Habitat 
     Conservation Partnership Program pursuant to the interagency 
     operational plan under section 7(c).
       (3) Technical and scientific assistance.--There are 
     authorized to be appropriated for each of fiscal years 2014 
     through 2018 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.

[[Page S1322]]

       (4) Planning and administrative expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2014 through 2018 for use by the Board, the 
     Director, and the Assistant Administrator for planning and 
     administrative expenses an amount equal to 3 percent of the 
     amount appropriated for the applicable fiscal year pursuant 
     to paragraph (1).
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity for a fish habitat conservation 
     project or restoration or enhancement project;
       (2) apply for, accept, and use a grant from any individual 
     or entity to carry out the purposes of this Act; and
       (3) make funds available to any Federal department or 
     agency for use by that department or agency to provide grants 
     for any fish habitat protection project, restoration project, 
     or enhancement project that the Secretary determines to be 
     consistent with this Act.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this Act; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this Act.
       (2) Treatment.--A donation accepted under this section--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.
                                 ______