[Senate Report 111-348]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-348
_______________________________________________________________________

                                     

                                                       Calendar No. 642
 
             THE PACIFIC SALMON STRONGHOLD CONSERVATION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 817



                                     

               November 17, 2010.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel


                                                       Calendar No. 642
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-348

======================================================================




             THE PACIFIC SALMON STRONGHOLD CONSERVATION ACT

                                _______
                                

               November 17, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 817]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 817) to establish a Salmon 
Stronghold Partnership program to conserve wild Pacific salmon 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

  The purpose of S. 817, the Pacific Salmon Stronghold 
Conservation Act, is to establish a comprehensive, strategic, 
science-based approach to wild salmon stronghold conservation. 
It would create a structural framework and expand Federal 
support for the protection and restoration of the healthiest 
remaining wild Pacific salmon stocks in North America.

                          Background and Needs

  Wild Pacific salmon are central to the economy, environment, 
and culture of western North America. However, human activities 
such as damming rivers for hydropower, fishing, agriculture, 
and urban growth are increasingly threatening wild Pacific 
salmon habitats and populations. Additionally, salmon 
populations are extremely sensitive to local environmental 
conditions. In 2007, the National Academy of Sciences reported 
that climate change will likely have a large negative impact on 
fresh water salmon habitats, as well as cause a ``spatial shift 
in salmon abundance,'' with higher-elevation watersheds 
becoming less suitable habitat due to the transitions from 
snowy to rainy environments.\1\
---------------------------------------------------------------------------
    \1\ Battin, James; Wiley, Matthew W.; Ruckelshaus, Mary H.; Palmer, 
Richard N.; Korb, Elizabeth; Bartz, Krista K.; and Imaki, Hiroo (2007) 
Projected impacts of climate change on salmon habitat restoration. PNAS 
vol. 104 no. 16 6720-6725.
---------------------------------------------------------------------------
  To combat these myriad threats, a number of Federal, State, 
and local salmon recovery programs have been established, most 
of which are focused on the important task of recovering 
threatened or endangered stocks. At the Federal level, the 
Endangered Species Act (ESA) and the Pacific Coastal Salmon 
Recovery Fund (PCSRF) play an important role in Pacific salmon 
conservation and recovery efforts. The National Oceanic and 
Atmospheric Administration's (NOAA's) National Marine Fisheries 
Service (NMFS) is charged with implementing the ESA 
requirements for marine species, including anadromous Pacific 
salmonids (i.e., chum salmon, pink salmon, sockeye salmon, 
chinook salmon, coho salmon, and steelhead trout). Based on a 
petition from an individual, organization, or State agency (or 
alternatively on its own initiative), NMFS conducts a review to 
determine whether a marine species is threatened or endangered, 
and thus merits listing under the ESA. NMFS has identified 50 
evolutionarily significant units (ESUs) in the region of 
California and the Pacific Northwest as of 2005, of which 26 
are listed as threatened or endangered. Once a species is 
listed under the ESA, NMFS must designate critical habitat and 
formulate a recovery plan for the species. When a listed 
species is determined to no longer be threatened or endangered, 
based on the best scientific and commercial data available, it 
is eligible to be delisted.
  NMFS is also responsible for administering the PCSRF, which 
was established by Congress in 2000 after the governors of 
Washington, Oregon, California, and Alaska collectively 
requested a mechanism to address the additions of West Coast 
salmon and steelhead trout to the ESA list of threatened 
species. Aiming to protect, restore, and conserve these 
populations and their habitats, the PCSRF provides funding for 
thousands of recovery projects conducted by Pacific Northwest 
States and tribes. Since its inception, the PCSRF has enabled 
the removal of thousands of barriers to passage and the 
reopening of thousands of miles of habitat for Pacific salmon.
  While the ESA and PCSRF are critically important in 
protecting Pacific salmon species, they are largely focused on 
recovery efforts rather than preservation. Additionally, the 
Federal, State and local agencies, non-profits and private 
entities that focus on Pacific salmon and steelhead 
conservation make for a complex web of interrelated, and in 
some cases overlapping or conflicting, jurisdictions. For 
example, NMFS has responsibility for anadromous Pacific 
salmonids, while the U.S Fish and Wildlife Service (USFWS) has 
jurisdiction over non-anadromous (or resident) forms of sockeye 
salmon and steelhead. This type of divisional authority can 
result in a lack of a centralized strategy which can greatly 
hinder conservation efforts.
  Fisheries scientists and natural resource managers are 
generally in agreement that comprehensive, strategic 
conservation of the healthiest aquatic habitats, or 
``strongholds,'' for a given fish species, is an efficient and 
highly cost-effective method for the conservation of fish 
populations and the preservation of the important role they 
play in ecosystems and our economy. This is based on the 
fundamental concept that targeted conservation of a distributed 
network of a depleted species, capturing key centers of 
productivity, abundance, and diversity, provides the foundation 
for a range-wide strategy to ensure the viability of that 
species into the future.
  Some efforts at this form of preventive management have 
already begun at the State and local levels. A prime example is 
the North American Salmon Stronghold Partnership (Stronghold 
Partnership). Chartered in December 2007, the Stronghold 
Partnership was formed for the purpose of identifying and 
protecting a network of the healthiest remaining wild Pacific 
salmon ecosystems in North America, in order to ensure the 
long-term survival of salmon, steelhead trout, and the many 
species that depend on them and the watersheds they inhabit. It 
is a voluntary partnership that serves to coordinate public and 
private resources and the activities of local communities, 
State and Federal agencies, tribes, nonprofit organizations, 
and private interests who seek to work collaboratively on 
salmon conservation and restoration activities across Alaska, 
California, Idaho, Oregon, and Washington.

                         Summary of Provisions

  S. 817 would establish the Stronghold Partnership as a 
cooperative, incentive-based, public-private partnership to 
identify and conserve salmon strongholds. The Partnership's 
board would include representatives of State governments of 
Alaska, California, Idaho, Oregon, and Washington, as well as 
representatives from specified entities. The bill would 
establish a salmon stronghold watershed grants and technical 
assistance program to support protection and restoration 
activities. It would also require the Assistant Administrator 
of NMFS to carry out specific information and assessment 
functions associated with salmon strongholds and authorize the 
sharing of status and trends data, innovative conservation 
strategies, conservation planning methodologies, and other 
information with North Pacific countries and appropriate 
international entities to promote Pacific salmon conservation.

                          Legislative History

  Senator Cantwell introduced S. 817 on April 2, 2009. Senators 
Begich, Boxer, Feinstein, Merkley, Murkowski, Murray, and Wyden 
are cosponsors of the legislation. On April 15, 2010, the 
Subcommittee on Oceans, Atmosphere, Fisheries, and the Coast 
Guard held a hearing entitled, ``S. 817, the Pacific Salmon 
Stronghold Conservation Act,'' that addressed the legislation. 
Witnesses at the hearing discussed the stronghold approach to 
species conservation and management as an efficient and highly 
cost-effective method for the conservation of healthy stocks 
and the preservation of critical ecosystems and the economies 
that rely on them. Companion legislation in the House of 
Representatives, H.R. 2055, was introduced by Representative 
Mike Thompson (D-CA) on April 22, 2009, and was referred to the 
House Committee on Natural Resources, Subcommittee on Insular 
Affairs, Oceans, and Wildlife on April 27, 2009. The 
Subcommittee held a hearing on the bill on June 16, 2009.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 817--Pacific Salmon Stronghold Conservation Act of 2009

    Summary: S. 817 would authorize the National Oceanic and 
Atmospheric Administration (NOAA) to carry out certain 
activities related to the conservation of certain salmon 
habitats. Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $91 
million over the 2011-2015 period.
    Enacting the legislation could increase offsetting receipts 
(from private donations) and associated direct spending; 
therefore, pay-as-you-go procedures would apply. However, CBO 
estimates that the net effects would be negligible for each 
year. Enacting the bill would not affect revenues.
    S. 817 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. 817 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2011     2012     2013     2014     2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level.....................................       30       30       30        0        0        91
Estimated Outlays.......................................       20       26       29       11        5       91
----------------------------------------------------------------------------------------------------------------
Note: Amounts may not add to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted by the end of fiscal year 2010 and 
that the authorized amounts will be appropriated for each 
fiscal year beginning in 2011. Estimated outlays are based on 
historical spending patterns for similar NOAA activities.
    S. 817 would require the Secretary of Commerce to establish 
a partnership between public and private entities to identify 
and protect certain salmon habitats. The bill would authorize 
the appropriation of $30 million annually over the 2010-2013 
period for NOAA to provide grants to support the activities of 
the partnership. The bill also would authorize the 
appropriation of $300,000 a year over that period for NOAA to 
collect and disseminate information related to salmon habitats. 
Assuming appropriation of the authorized amounts, CBO estimates 
that implementing the legislation would cost $91 million over 
the 2011-2015 period.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 817 could increase offsetting receipts (from 
private donations) and associated direct spending; therefore, 
pay-as-you-go procedures would apply. However, CBO estimates 
that any increase in offsetting receipts would be less than 
$500,000 a year and would be offset by similar increases in 
direct spending. The net budgetary changes that are subject to 
pay-as-you-go procedures are shown in the following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 817, THE PACIFIC SALMON STRONGHOLD CONSERVATION ACT OF 2009, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
                                                  COMMERCE, SCIENCE, AND TRANSPORTATION ON JUNE 9, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact............       0       0       0       0       0       0       0       0       0       0       0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 817 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no cost on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 817 would establish a comprehensive, strategic, science-
based approach to wild salmon stronghold conservation. It would 
create a structural framework and expand Federal support for 
the protection and restoration of the healthiest remaining wild 
Pacific salmon stocks in North America. It does not authorize 
any new regulations, and therefore will not subject any 
individuals or businesses to new regulations.

                            ECONOMIC IMPACT

  The bill would authorize annual authorizations of $30 million 
for each of fiscal years 2009 through 2013. From these 
authorizations, NFWF would be required to make available 
sufficient funds to the Board to carry out its duties. This 
includes $300,000 that would be authorized for the Assistant 
Administrator of NMFS to provide technical assistance and 
information and assessment functions under section 5 of the 
Act. Funds appropriated by this legislation would remain 
available until expended. These funding levels are not expected 
to have an inflationary impact on the Nation's economy.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  S. 817 would not increase paperwork requirements for the 
private sector.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
items contained in the bill, as reported, meet the definition 
of congressionally directed spending items under the rule.

                      Section-by-Section Analysis


Section 1. Short title

  This section would provide that this Act may be cited as the 
Pacific Salmon Stronghold Conservation Act of 2009.

Section 2. Findings; purpose

  This section would state the findings of Congress on which 
this Act is based, and would state that the purposes of this 
Act are to: (1) expand Federal support and resources for the 
protection and restoration of the healthiest remaining salmon 
strongholds in North America to sustain core centers of salmon 
abundance, productivity, and diversity in order to ensure the 
long-term viability of salmon populations in the States of 
Alaska, California, Idaho, Oregon, and Washington; (2) maintain 
and enhance economic benefits related to fishing or associated 
with healthy salmon stronghold habitats, including flood 
protection, recreation, water quantity and quality, carbon 
sequestration, climate change mitigation and adaptation, and 
other ecosystem services; and (3) complement and add to 
existing Federal, State, and local salmon recovery efforts by 
using sound science to identify and sustain core centers of 
salmon abundance, productivity, and diversity in the healthiest 
remaining salmon ecosystems throughout their range.

Section 3. Definitions

  This section would define: ``Administrator'' as the Assistant 
Administrator for NMFS of NOAA; ``Board'' as the Salmon 
Stronghold Partnership Board; ``charter'' as the charter of the 
Salmon Stronghold Partnership Board; ``Director'' as the 
Director of USFWS; ``ecosystem services'' as the ecological 
benefits generated from a healthy, functioning ecosystem, 
including clean water, pollutant filtration, regulation of 
river flow, prevention of soil erosion, regulation of climate, 
and fish production; ``program'' as the salmon stronghold 
watershed grants and technical assistance program; ``salmon'' 
as any of the wild anadromous Oncorhynchus species that occur 
in the Western United States, including chum salmon, pink 
salmon, sockeye salmon, chinook salmon, coho salmon, and 
steelhead trout; ``salmon stronghold'' as all or part of a 
watershed that meets biological criteria for abundance, 
productivity, diversity (life history and run timing), habitat 
quality, or other biological attributes important to sustaining 
viable populations of salmon throughout their range, as defined 
by the Board; ``Salmon Stronghold Partnership'' as the Salmon 
Stronghold Partnership established under section 4; and 
``Secretary'' as the Secretary of Commerce.

Section 4. Salmon stronghold partnership

  Subsection (a) of this section would direct the Secretary to 
establish a cooperative, incentive-based, public-private Salmon 
Stronghold Partnership between stakeholders for the purpose of 
identifying and conserving salmon strongholds. Subsection (b) 
would provide that the Partnership be managed by a Board 
established by the Secretary, which would consist of one 
representative from each of the following: NMFS; USFWS; the 
U.S. Forest Service; the Environmental Protection Agency (EPA); 
the Bonneville Power Administration; the Bureau of Land 
Management; the Northwest Power and Conservation Council; the 
office of the Governor or an appropriate natural resource 
agency from each of the States of Alaska, California, Idaho, 
Oregon, and Washington; not less than three and not more than 
five representatives from Indian tribes or tribal commissions; 
three non-governmental organizations with salmon conservation 
expertise selected by the Board; an association of counties 
selected by the Board; and any entity with significant 
resources regionally dedicated to the protection of salmon 
ecosystems selected by the Board.
  Subsection (c) of this section would require that the Board 
meet at least three times a year with timely notice to 
guarantee adequate input from a broader set of stakeholders and 
fisheries experts. Subsection (c) would also establish a 
meeting schedule for the Board and establish notification 
requirements. Subsection (d) would require the Board to consult 
with fisheries experts as appropriate. Subsections (e) and (f) 
would require the Board to nominate and select a chairperson 
from among the members of the Board, establish a standing 
science committee, and establish additional committees if 
necessary. Subsection (g) would require the Board to develop a 
written charter to reflect the purposes, intent, and governance 
framework of the Partnership.

Section 5. Information and assessment

  This section would require the Assistant Administrator of 
NMFS to carry out specific information and assessment functions 
associated with salmon strongholds, including: triennial 
stronghold assessments, geographic information system and 
mapping support; projections of climate change impacts on all 
habitats and life history stages of salmon; development and 
application of models and other tools to identify salmon 
conservation actions projected to have the greatest positive 
impacts on salmon abundance, productivity, or diversity within 
salmon strongholds; and measurement of the effectiveness of 
Partnership activities.

Section 6. Salmon Stronghold Watershed Grants and Technical Assistant 
        Program

  Subsections (a) and (b) of this section would require the 
Assistant Administrator of NMFS to establish a salmon 
stronghold watershed grants and technical assistance program, 
the purpose of which would be to support protection and 
restoration activities. This support would include funding the 
administration of the Salmon Stronghold Partnership in carrying 
out its charter and encouraging cooperation among the entities 
represented on the Board, local authorities, and private 
entities to establish a network of salmon strongholds and 
assist locally in specific actions that support the Salmon 
Stronghold Partnership. The program may also support entities 
represented on the Board in their efforts to develop and fund 
salmon stronghold initiatives. The program would also support 
maintaining a forum to share best practices and approaches, 
employ consistent and comparable metrics, forecast and address 
climate impacts, and monitor, evaluate, and report regional 
status and trends of salmon ecosystems in coordination with 
related regional and State efforts. Additional support from the 
program may extend to carrying out activities and existing 
conservation programs in, and across, salmon strongholds on a 
regional scale to achieve the goals of the Salmon Stronghold 
Partnership; accelerating the implementation of recovery plans 
in salmon strongholds that have salmon populations listed as 
threatened or endangered under the ESA; developing and 
disseminating information pertaining to the Salmon Stronghold 
Partnership; and conducting education outreach to the public, 
in coordination with other programs, to encourage increased 
stewardship of salmon strongholds.
  Subsections (c) and (d) of this section details the selection 
process for projects that would be eligible to receive 
assistance under the program. States with an efficient, cost-
effective, and competitive grant program for salmon 
conservation and a viable plan to provide accountability under 
the program would be provided program funds by the National 
Fish and Wildlife Foundation (NFWF) for the selection and 
administration of intrastate projects. If, however, NFWF and 
the Board determine the State lacks such a competitive grant 
program, then NFWF and the Board would select and administer 
projects to be carried out within the State. Interstate 
programs and initiatives would receive funding and 
administration from NFWF and the Board if NFWF and the Board 
determine such projects adhere to the Board's criteria and: (1) 
contribute to the conservation of salmon; (2) meet the criteria 
for eligibility in the charter; (3) address a factor limiting 
or threatening to limit abundance, productivity, diversity, 
habitat quality, or other biological attributes important to 
sustaining viable salmon populations within a salmon stronghold 
or is a programmatic action that supports the Salmon Stronghold 
Partnership; (4) address limiting factors to healthy ecosystem 
processes or sustainable fisheries management; (5) have the 
potential for conservation benefits and broadly applicable 
results; and (6) meet cost-sharing and expense limitation 
requirements.
  Subsections (e) and (f) of this section establish cost-
sharing requirements such that the Federal share of the cost 
for a project on non-Federal land may not exceed 50 percent of 
the total cost, while the share may be up to 100 percent for 
projects on Federal land. Non-Federal shares of cost cannot be 
derived from Federal grant programs, but may include in-kind 
contributions. Any amounts provided by the Bonneville Power 
Administration directly or through a grant to another entity 
used to carry out a project that receives assistance under the 
program shall be credited toward the non-Federal share of the 
cost of the project. Of the amount made available to a State or 
the NFWF under the program for each fiscal year, that State and 
the NFWF would not be allowed to expend more than 5 percent of 
the amount for administrative and reporting expenses.
  Subsection (g) of this section would require that each person 
receiving assistance from a State or NFWF provide periodic 
reports to the State or NFWF, as appropriate, to evaluate the 
progress and success of the project. At least every three 
years, NFWF and each State providing funding for the program 
would be required to submit a report of activities to the 
Assistant Administrator of NMFS to evaluate the implementation 
of the program.

Section 7. Interagency cooperation

  This section would require that the heads of each Federal 
agency or department with stewardship over land within a salmon 
stronghold work with the Assistant Administrator of NMFS and 
the Director of USFWS to coordinate and streamline Partnership 
and other interagency salmon conservation efforts.

Section 8. International cooperation

  This section would authorize the Assistant Administrator of 
NMFS and the Board to share conservation data, strategies, 
methodologies, and other information relevant to north Pacific 
countries, including Canada, Japan, Russia, and South Korea, in 
addition to appropriate international entities for the 
promotion of salmon and salmon habitat conservation. It also 
would provide a Sense of Congress that the Assistant 
Administrator of NMFS and the Board should provide information 
to north Pacific countries to support the development of a 
network of salmon strongholds across the nations of the north 
Pacific.

Section 9. Acquisition and transfer of real property interests

  This section would restrict the acquisition of land and the 
funding of projects to those whose aims and goals are aligned 
with the program. Property acquisition under the Program would 
require the written consent of the owners or interests of the 
property. This section would also prohibit property transfers 
from the program to another entity unless: (1) the entity is 
committed to manage the property in accordance with the spirit 
of the Act; or, (2) the transfer provides for the reversion of 
the property to the United States government in the event the 
entity fails to manage the property in accordance with the Act.

Section 10. Administrative provisions

  Subsection (a) of this section would allow the Secretary of 
Commerce, in concert with the Board, to: enter into and to use 
cooperative agreements, contracts and grants and to make funds 
available for salmon stronghold protection, restoration, or 
enhancement activities; apply for, accept, and use grants from 
any person to carry out the purposes of this Act, unless 
prohibited by any other provision of law; and make funds 
available to any Federal agency or department to award 
financial assistance for any salmon stronghold project 
consistent with the Act.
  Subsection (b) of this section would allow the Secretary of 
Commerce to enter into an agreement with a 501(c)(3) 
organization and to accept donations of funds or services to 
carry out activities under this Act. Donations would be 
considered gifts or bequests to the United States and would be 
allowed to be used by the Secretary of Commerce, or in the case 
of donated property, by the Secretary of the Interior, or be 
provided to other Federal agencies or departments through 
interagency agreements.

Section 11. Limitations

  This section states that nothing in this Act may be construed 
to: create a reserved water right, expressly or implicitly, in 
the United States for any purpose, or affect the management or 
priority of water rights under State law; affect existing water 
rights under Federal or State law; affect any Federal or State 
law in existence on the date of enactment of this Act regarding 
water quality or water quantity; affect the authority, 
jurisdiction, or responsibility of any agency or department of 
the United States or of a State to manage, control, or regulate 
fish and resident wildlife under a Federal or State law or 
regulation; authorize the Secretary of Commerce or the 
Secretary of the Interior to control or regulate hunting or 
fishing under State law; abrogate, abridge, affect, modify, 
supersede, or otherwise alter any right of a federally 
recognized Indian tribe under any applicable Federal or tribal 
law or regulation; or diminish or affect the ability of the 
Secretary of Commerce or the Secretary of the Interior to join 
the adjudication of rights to the use of water.

Section 12. Reports to Congress

  This section would direct the Assistant Administrator of 
NFMS, in consultation with the Director of USFWS, to submit a 
report to Congress describing the activities conducted under 
the Act at least every 3 years. The report would include 
recommendations, if any, for legislation relating to the Salmon 
Stronghold Partnership.

Section 13. Authorization of appropriations

  This section would authorize $30 million for each of fiscal 
years 2009 through 2013. From this authorization, NFWF would be 
required to make available sufficient funds to the Board to 
carry out its duties. Of these funds, $300,000 would be 
authorized for the Assistant Administrator of NMFS to provide 
technical assistance and information and assessment functions 
under section 5 of the Act. Funds appropriated under the 
authorization would remain available until expended.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  
