[Senate Report 111-190]
[From the U.S. Government Publishing Office]
Calendar No. 378
111th Congress Report
SENATE
2d Session 111-190
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TO CONSERVE FISH AND AQUATIC COMMUNITIES IN THE UNITED STATES THROUGH
PARTNERSHIPS THAT FOSTER FISH HABITAT CONSERVATION, TO IMPROVE THE
QUALITY OF LIFE FOR THE PEOPLE OF THE UNITED STATES, AND FOR OTHER
PURPOSES
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May 17, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1214]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1214) to conserve fish and aquatic
communities in the United States through partnerships that
foster fish habitat conservation, to improve the quality of
life for the people of the United States, and for other
purposes, having considered the same, reports favorably thereon
and recommends that the bill, as amended, do pass.
GENERAL STATEMENT AND BACKGROUND
S. 1214 seeks to reverse the declines in aquatic habitat
and species across the nation and would codify the National
Fish Habitat Action Plan (Action Plan). The Action Plan focuses
financial and technical resources on the root causes of fish
habitat declines. The Action Plan focuses on the protection and
conservation of intact and healthy aquatic habitats to prevent
their future decline and disruption.
According to U.S. Fish and Wildlife Service (FWS) testimony
before the Committee, aquatic species are some of the most at
risk organisms in the United States. Since 1900, 123 freshwater
species have become extinct in North America. Hundreds of other
fish, mollusks, crayfish and amphibians are imperiled. A 2008
study by USGS scientists concluded that nearly 40 percent of
the nation's fish populations are in decline. The loss and
degradation of aquatic habitat are considered one of the
primary reasons for the vulnerable condition of aquatic
species.
S. 1214 would foster science, communication, and
partnerships to unite diverse stakeholders and focus voluntary
action on conserving priority habitats and encourage private-
public partnerships that are consistent with the goals and
mission of the National Fish Habitat Action Plan, which was
released in 2006.
The goals of the plan are:
(1) to protect and maintain intact and healthy
aquatic systems;
(2) to prevent further degradation of fish habitats
that have been adversely affected;
(3) to reverse declines in the quality and quantity
of aquatic habitats to improve the overall health of
fish and other aquatic organisms;
(4) to increase the quality and quantity of fish
habitats that support a broad natural diversity of fish
and other species.
The legislation would establish a National Fish Habitat
Board, composed of members from federal, state, and tribal
agencies, and non-governmental organizations, which would
approve Fish Habitat Partnerships (FHP) and make
recommendations to the Secretary of the Interior regarding the
funding of conservation projects. The bill also requires the
Director of the U.S. Fish and Wildlife Service to establish the
National Fish Habitat Conservation Partnership Office within
the Service and NOAA and USGS to provide technical and
scientific assistance to the Partnerships, the project
participants, and the Board. The bill authorizes appropriations
for each of fiscal years 2010 through 2014.
OBJECTIVES OF THE LEGISLATION
To conserve fish and aquatic communities in the United
States through partnerships that foster fish habitat
conservation, to improve the quality of life for the people of
the United States, and for other purposes.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title; table of contents
Section 1 provides that this Act may be cited as the
`National Fish Habitat Conservation Act' and includes the table
of contents of the Act.
Section 2. Findings; purpose
Section 2 provides the general purpose of the bill, along
with several findings highlighting the economic, social, and
environmental importance of aquatic habitats; acknowledge the
harmful impacts to the national economy, environment, and
wildlife that result from the destruction or alteration of
aquatic habitats; and, recognize the need to protect, conserve,
and restore the quality of aquatic habitats.
Section 3. Definitions
Section 3 provides definitions of several terms used in the
Act.
Section 4. National Fish Habitat Board
Section 4 establishes the National Fish Habitat Board to
oversee and promote the implementation of this Act, to
establish national goals and priorities, to designate
partnerships, and to review and recommend aquatic habitat
projects. This section describes the composition of the board
and the procedures for appointing and replacing members.
Section 5. Fish Habitat Partnerships
Section 5 establishes procedures for designating Fish
Habitat Partnerships and outlines criteria approval of
partnerships. Criteria included are that the partnership: (1)
includes a diverse group of public and private partners; (2) is
organized to promote the health of important aquatic habitats
and distinct geographical areas, keystone fish species, or
system types; (3) identifies strategic fish and aquatic habitat
priorities for the Partnership area; (4) is able to address
issues on a nationally-significant scale; (5) includes a
governance structure that reflects the range of all partners
and promotes joint strategic planning; (6) demonstrates
completion of or progress toward development of a strategic
plan to address causes of fish decline; (7) ensures
collaboration in implementing a scientifically-sound and
achievable implementation program.
Section 6. Fish habitat conservation projects
Section 6 establishes procedures for consideration of fish
habitat projects by the Board and criteria for the board to use
in evaluating and recommending projects for funding to the
Secretaries of Interior and Commerce, which the Secretaries
must approve, reject, or reorder within 180 days. All fish
habitat projects must include an evaluation plan designed to--
appropriately assess the biological, ecological, or other
results of the project and reflect appropriate changes to the
fish habitat conservation project if the assessment finds that
the project objectives are not being met. The report must be
submitted to the board. This section also establishes cost-
sharing requirements and includes requirements related to the
acquisition of real property through a fish habitat project.
Section 7. National Fish Habitat Conservation Partnership Office
Section 7 establishes the National Fish Habitat
Conservation Partnership Office and describes its functions,
which include: providing funding for Partnership projects;
facilitating communication and operations of the Partnerships
and the Board; coordinating scientific reporting on projects;
and providing support to the Board for national communication
and outreach efforts that promote public awareness of fish
habitat conservation. This section also requires the Director
of the FWS, in cooperation with the Assistant Administrator for
Fisheries of the National Oceanic and Atmospheric
Administration (NOAA) and heads of other appropriate Federal
agencies, to establish an interagency operational plan to guide
the efforts of the Partnership Office and ensure inter-agency
coordination. This section directs the Director of the FWS and
Assistant Administrator for Fisheries of NOAA to provide staff
to support the work of the Partnership Office.
Section 8. Technical and scientific assistance
Section 8 directs the Director of the FWS, Assistant
Administrator for Fisheries of NOAA, and Director of the United
States Geological Survey (USGS), in coordination with other
appropriate federal agencies, to provide technical and
scientific assistance for assessments of projects, support the
development and implementation of fish habitat conservation
projects, and provide recommendations for a national fish
habitat assessment.
Section 9. Conservation of aquatic habitat for fish and other aquatic
organisms on Federal land
Section 9 provides that the head of each Federal department
and agency responsible for acquiring, managing, or disposing of
Federal land or water must cooperate with the FWS and NOAA to
conserve the aquatic habitats and organisms within the land and
water of the department or agency.
Section 10. Coordination with States and Indian Tribes
Section 10 provides that the Secretary of the Interior
shall provide a notice to the appropriate State or tribal
agency within which an activity is planned to be carried out
pursuant with this Act no later than 30 days before the planned
activity is implemented.
Section 11. Accountability and reporting
Section 11 requires the Board to submit reports to
appropriate congressional committees on the implementation of
this Act and the National Fish Habitat Action Plan, which shall
include descriptions of those aquatic habitats protected or
restored under the National Fish Habitat Action Plan and an
assessment of the status of the fish habitat conservation
projects funded under this Act.
Section 12. Regulations
Section 12 provides that the Secretary of the Interior may
promulgate such regulations as the Secretary determines
necessary to carry out this Act.
Section 13. Effect of Act
Section 13 states that nothing in this Act establishes a
water right in the United States, affects any water right in
existence, or affects state water law. This section further
clarifies that nothing in the Act affects state rights to
manage wildlife and fish, affects tribal rights, affects
existing federal authorities for land or water acquisition, or
enables the use of funds provided by the Act to acquire real
property without the consent of the property owner. This
section also states that nothing in this Act allows the use of
funds for fish and wildlife mitigation under existing Federal
laws and court settlements.
Section 14. Nonapplicability of Federal Advisory Committee Act
Section 14 provides that the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the National Fish Habitat
Board or any Partnership.
Section 15. Funding.
Section 15 authorizes $75,000,000 for the Secretary of the
Interior 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. This section authorizes the greater of
$3,000,000 or 25 percent of the funds appropriated for fish
habitat conservation projects for the National Fish Habitat
Conservation Office and requires the Secretary to annually
transfer appropriate amounts to other federal agencies pursuant
to the interagency operation plan under section 7(c).
$10,000,000 is authorized for FWS, NOAA, and USGS to provide
technical and scientific assistance. This section authorizes
$300,000 or 4 percent of the funds appropriated for fish
habitat conservation projects for administrative expenses. All
authorizations are for fiscal years 2010 through 2014.
LEGISLATIVE HISTORY
S. 1214 was introduced by Sen. Joe Lieberman (IN-CT), Sen.
Kit Bond (R-MO), and six other co-sponsors on June 9, 2009. The
bill was referred to the Committee on Environment and Public
Works. On December 10, 2009, the full Environment and Public
Works Committee met to consider the bill. The bill was ordered
favorably reported by voice vote with an amendment in the
nature of a substitute.
HEARINGS
On December 3, 2009, the Water and Wildlife Subcommittee of
the Senate Environment and Public Works Committee held a
legislative hearing on multiple wildlife and invasive species
bills, including S. 1214.
ROLLCALL VOTES
The Committee on Environment and Public Works met to
consider S. 1214 on December 10, 2009. The bill was ordered
favorably reported by voice vote with an amendment in the
nature of a substitute.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1214
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office has found, ``S. 1214 contains no
intergovernmental or private sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.''
January 14, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1214, the National
Fish Habitat Conservation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel
Hoople.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1214--National Fish Habitat Conservation Act
Summary: S. 1214 would authorize the appropriation of $500
million over the 2010-2014 period for the Department of the
Interior (DOI) to fund projects to conserve fish habitats and
establish a National Fish Habitat Conservation Office. The
legislation also would establish a National Fish Habitat Board
and authorize the appropriation of $150 million over the same
period to provide technical and scientific assistance to the
board, Fish Habitat Partnerships (FHPs), and conservation
project participants.
CBO estimates that implementing S. 1214 would cost $591
million over the 2010-2015 period, assuming appropriation of
the specified amounts. Because the legislation would authorize
DOI to accept and use gifts and donations, enacting the bill
could have a negligible impact on offsetting receipts and
associated direct spending. Enacting the bill would not affect
revenues.
S. 1214 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1214 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
-----------------------------------------------------------
2010 2011 2012 2013 2014 2015 2010-2014
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Fish Habitat Conservation Projects:
Authorization Level............................. 75 75 75 75 75 0 375
Estimated Outlays............................... 0 57 65 75 75 50 322
Technical and Scientific Assistance:
Authorization Level............................. 30 30 30 30 30 0 150
Estimated Outlays............................... 8 32 38 32 30 8 148
National Fish Habitat Conservation Partnership
Office:
Authorization Level............................. 22 22 22 22 22 0 110
Estimated Outlays............................... 2 18 32 26 22 6 106
Planning and Administration:
Authorization Level............................. 3 3 3 3 3 0 15
Estimated Outlays............................... 1 3 3 3 3 2 15
Total Changes:
Authorization Level......................... 130 130 130 130 130 0 650
Estimated Outlays........................... 11 110 138 136 130 66 591
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in fiscal year 2010 and that
amounts specified in the bill will be appropriated for each
year.
S. 1214 would establish a National Fish Habitat Board
composed of 27 members from federal, state, and tribal
agencies, and nongovernmental organizations. The board would
approve FHPs formed around specific aquatic habitats and
geographic areas and make recommendations to the Secretary of
the Interior regarding the funding of conservation projects.
Those recommendations would be informed primarily by the FHPs,
which would conduct scientific assessments and identify
strategic priorities on behalf of public and private partners.
Fish habitat conservation projects
S. 1214 would authorize the appropriation of $75 million in
each of fiscal years 2010 through 2014 for DOI to provide
funding for fish habitat conservation projects, including the
acquisition of property. Projects would increase fishing
opportunities for the public; increase public access to land;
protect threatened and endangered species, fish, and fish
habitats; and promote resilience to environmental change. No
project could derive more than 50 percent of its funding from
the federal government, unless the project was located on
federal land or water.
CBO estimates that no spending for conservation projects
would occur in 2010 because few projects would likely be
approved before the conclusion of that fiscal year. Based on
the historical expenditures for other conservation and land
acquisition projects, we estimate that implementing this
provision would cost $322 million over the 2011-2015 period.
Technical and scientific assistance
S. 1214 would authorize the appropriation of $30 million in
each of fiscal years 2010 through 2014 for technical and
scientific assistance to the board, the FHPs, and conservation
project participants. The legislation would provide equal
funding in each year to the Fish and Wildlife Service (FWS),
the National Oceanic and Atmospheric Administration (NOAA), and
the United States Geological Survey for those purposes. Based
on the historical spending patterns for programs carried out by
each of those agencies, CBO estimates that this provision would
cost $148 million over the 2010-2015 period.
National Fish Habitat Conservation Partnership Office
S. 1214 would authorize the appropriation of $3 million,
plus an amount equal to 25 percent of the funds provided for
fish habitat conservation projects (which, assuming
appropriation of the full amount, would total about $19
million), in each of fiscal years 2010 through 2014 to
establish a National Fish Habitat Conservation Partnership
Office within FWS. The office would provide funding for
operation of FHPs, including planning, outreach,
implementation, and evaluation. The office also would help
administer other provisions of the bill, including developing
an interagency operational plan and reporting to the Congress
regarding implementation of the bill and the status of aquatic
habitats in the United States. CBO estimates that spending by
the new office would total $106 million over the 2010-2015
period.
Planning and administration
S. 1214 would authorize the appropriation of $300,000, plus
an amount equal to 4 percent of the funds provided for fish
habitat conservation programs (which, assuming appropriation of
the full amount, would total $3 million), in each of fiscal
years 2010 through 2014 for planning and administrative
expenses. Such funds would be used by FWS, NOAA, and the board.
CBO estimates that those expenses would total $15 million over
the 2010-2015 period.
Intergovernmental and private-sector impact: S. 1214
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. State, local, and tribal governments would
benefit from technical and financial assistance authorized in
the bill. Any costs to those governments would be incurred
voluntarily as a condition of receiving federal assistance.
Estimate prepared by: Federal Costs: Daniel Hoople; Impact
on State, Local, and Tribal Governments: Melissa Merrell;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.