[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.
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