[House Report 116-314]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {     116-314

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



 
      NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS ACT

                                _______
                                

 November 26, 2019.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1747]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1747) to encourage partnerships among public 
agencies and other interested persons to promote fish 
conservation, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Fish Habitat Conservation 
Through Partnerships Act''.

SEC. 2. PURPOSE.

  The purpose of this Act is to encourage partnerships among public 
agencies and other interested persons to promote fish conservation--
          (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions and increased fishing 
        opportunities by--
                  (A) improving ecological conditions;
                  (B) restoring natural processes; or
                  (C) preventing the decline of intact and healthy 
                systems;
          (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
          (3) to broaden the community of support for fish habitat 
        conservation by--
                  (A) increasing fishing opportunities;
                  (B) fostering the participation of local communities, 
                especially young people in local communities, in 
                conservation activities; and
                  (C) raising public awareness of the role healthy fish 
                habitat play in the quality of life and economic well-
                being of local communities;
          (4) to fill gaps in the National Fish Habitat Assessment and 
        the associated database of the National Fish Habitat 
        Assessment--
                  (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                  (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
          (5) to communicate to the public and conservation partners--
                  (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                  (B) new opportunities and voluntary approaches for 
                conserving fish habitat.

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) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by section 4.
          (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
          (4) EPA assistant administrator.--The term ``EPA Assistant 
        Administrator'' means the Assistant Administrator for Water of 
        the Environmental Protection Agency.
          (5) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given to the term ``Indian tribe'' in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).
          (6) NOAA assistant administrator.--The term ``NOAA Assistant 
        Administrator'' means the Assistant Administrator for Fisheries 
        of the National Oceanic and Atmospheric Administration.
          (7) Partnership.--The term ``Partnership'' means a self-
        governed entity designated by Congress as a Fish Habitat 
        Partnership under subsection (d)(6) after a recommendation by 
        the Board under section 5.
          (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                  (A) land; or
                  (B) water (including water rights).
          (9) Marine fisheries commissions.--The term ``Marine 
        Fisheries Commissions'' means--
                  (A) The Atlantic States Marine Fisheries Commission;
                  (B) the Gulf States Marine Fisheries Commission; and
                  (C) the Pacific States Marine Commission.
          (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
          (11) State.--The term ``State'' means each of the several 
        States, Puerto Rico, American Samoa, Guam, the Northern Mariana 
        Islands, the United States Virgin Islands, and the District of 
        Columbia.
          (12) State agency.--The term ``State agency'' means--
                  (A) the fish and wildlife agency of a State; and
                  (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 of the State or 
                sustains the habitat for those fishery resources 
                pursuant to State law or the constitution of the State.

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;
                  (B) to establish national goals and priorities for 
                fish habitat conservation;
                  (C) to recommend to Congress entities for designation 
                as Partnerships; and
                  (D) to review and make recommendations regarding fish 
                habitat conservation projects.
          (2) Membership.--The Board shall be composed of 25 members, 
        of whom--
                  (A) 1 shall be a representative of the Department of 
                the Interior;
                  (B) 1 shall be a representative of the United States 
                Geological Survey;
                  (C) 1 shall be a representative of the Department of 
                Commerce;
                  (D) 1 shall be a representative of the Department of 
                Agriculture;
                  (E) 1 shall be a representative of the Association of 
                Fish and Wildlife Agencies;
                  (F) 4 shall be representatives of State agencies, 1 
                of whom shall be nominated by a regional association of 
                fish and wildlife agencies from each of the Northeast, 
                Southeast, Midwest, and Western regions of the United 
                States;
                  (G) 1 shall be a representative of either--
                          (i) Indian Tribes in the State of Alaska; or
                          (ii) Indian Tribes in States other than the 
                        State of Alaska;
                  (H) 1 shall be a representative of either--
                          (i) the Regional Fishery Management Councils 
                        established under section 302 of the Magnuson-
                        Stevens Fishery Conservation and Management Act 
                        (16 U.S.C. 1852); or
                          (ii) a representative of the Marine Fisheries 
                        Commissions;
                  (I) 1 shall be a representative of the Sportfishing 
                and Boating Partnership Council;
                  (J) 7 shall be representatives selected from at least 
                one from each of the following:
                          (i) the recreational sportfishing industry;
                          (ii) the commercial fishing industry;
                          (iii) marine recreational anglers;
                          (iv) freshwater recreational anglers;
                          (v) habitat conservation organizations; and
                          (vi) science-based fishery organizations;
                  (K) 1 shall be a representative of a national private 
                landowner organization;
                  (L) 1 shall be a representative of an agricultural 
                production organization;
                  (M) 1 shall be a representative of local government 
                interests involved in fish habitat restoration;
                  (N) 2 shall be representatives from different sectors 
                of corporate industries, which may include--
                          (i) natural resource commodity interests, 
                        such as petroleum or mineral extraction;
                          (ii) natural resource user industries; and
                          (iii) industries with an interest in fish and 
                        fish habitat conservation; and
                  (O) 1 shall be a leadership private sector or 
                landowner representative of an active partnership.
          (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 
        section, a member of the Board described in any of 
        subparagraphs (F) through (O) of subsection (a)(2) shall serve 
        for a term of 3 years.
          (2) Initial board membership.--
                  (A) In general.--The initial Board shall consist of 
                representatives as described in subparagraphs (A) 
                through (F) of subsection (a)(2).
                  (B) Remaining members.--Not later than 60 days after 
                the date of enactment of this Act, the representatives 
                of the initial Board under subparagraph (A) shall 
                appoint the remaining members of the Board described in 
                subparagraphs (H) through (O) of subsection (a)(2).
                  (C) Tribal representatives.--Not later than 60 days 
                after the enactment of this Act, the Secretary shall 
                provide to the Board a recommendation of not fewer than 
                3 Tribal representatives, from which the Board shall 
                appoint 1 representative pursuant to subparagraph (G) 
                of subsection (a)(2).
          (3) Staggered terms.--Of the members described in subsection 
        (a)(2)(J) initially appointed to the Board--
                  (A) 2 shall be appointed for a term of 1 year;
                  (B) 2 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 subparagraph (H), (I), (J), (K), (L), (M), 
                (N), or (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 (G) of 
                subsection (a)(2), the Secretary shall recommend to the 
                Board a list of not fewer than 3 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 subparagraph (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 representative of the Association of 
        Fish and Wildlife Agencies appointed under subsection (a)(2)(E) 
        shall 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 Recommend.--The Board may recommend to Congress the 
designation of Fish Habitat Partnerships in accordance with this 
section.
  (b) Purposes.--The purposes of a Partnership shall be--
          (1) to work with other regional habitat conservation programs 
        to promote cooperation and coordination to enhance fish 
        populations and fish habitats;
          (2) to engage local and regional communities to build support 
        for fish habitat conservation;
          (3) to involve diverse groups of public and private partners;
          (4) to develop collaboratively a strategic vision and 
        achievable implementation plan that is scientifically sound;
          (5) to leverage funding from sources that support local and 
        regional partnerships;
          (6) to use adaptive management principles, including 
        evaluation of project success and functionality;
          (7) to develop appropriate local or regional habitat 
        evaluation and assessment measures and criteria that are 
        compatible with national habitat condition measures; and
          (8) to implement local and regional priority projects that 
        improve conditions for fish and fish habitat.
  (c) Criteria for Designation.--An entity seeking to be designated by 
Congress as a Partnership shall--
          (1) submit to the Board an application at such time, in such 
        manner, and containing such information as the Board may 
        reasonably require; and
          (2) demonstrate to the Board that the entity has--
                  (A) a focus on promoting the health of important fish 
                and fish habitats;
                  (B) an ability to coordinate the implementation of 
                priority projects that support the goals and national 
                priorities set by the Board that are within the 
                Partnership boundary;
                  (C) a self-governance structure that supports the 
                implementation of strategic priorities for fish 
                habitat;
                  (D) the ability to develop local and regional 
                relationships with a broad range of entities to further 
                strategic priorities for fish and fish habitat;
                  (E) a strategic plan that details required 
                investments for fish habitat conservation that 
                addresses the strategic fish habitat priorities of the 
                Partnership and supports and meets the strategic 
                priorities of the Board;
                  (F) the ability to develop and implement fish habitat 
                conservation projects that address strategic priorities 
                of the Partnership and the Board; and
                  (G) the ability to develop fish habitat conservation 
                priorities based on sound science and data, the ability 
                to measure the effectiveness of fish habitat projects 
                of the Partnership, and a clear plan as to how 
                Partnership science and data components will be 
                integrated with the overall Board science and data 
                effort.
  (d) Requirements for Recommendation to Congress.--The Board may 
recommend to Congress for designation an application for a Partnership 
submitted under subsection (c) if the Board determines that the 
applicant--
          (1) meets the criteria described in subsection (c)(2);
          (2) identifies representatives to provide support and 
        technical assistance to the Partnership from a diverse group of 
        public and private partners, which may include 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;
          (3) is organized to promote the health of important fish 
        species and important fish habitats, including reservoirs, 
        natural lakes, coastal and marine environments, and estuaries;
          (4) 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 decision making;
          (5) is able to address issues and priorities on a nationally 
        significant scale;
          (6) includes a governance structure that--
                  (A) reflects the range of all partners; and
                  (B) promotes joint strategic planning and decision 
                making by the applicant;
          (7) demonstrates completion of, or significant progress 
        toward the development of, a strategic plan to address declines 
        in fish populations, rather than simply treating symptoms, in 
        accordance with the goals and national priorities established 
        by the Board; and
          (8) promotes collaboration in developing a strategic vision 
        and implementation program that is scientifically sound and 
        achievable.
  (e) Report to Congress.--
          (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of enactment of this Act 
        and each February 1 thereafter, the Board shall develop and 
        submit to the appropriate congressional committees an annual 
        report, to be entitled ``Report to Congress on Future Fish 
        Habitat Partnerships and Modifications'', that--
                  (A) identifies each entity that--
                          (i) meets the requirements described in 
                        subsection (d); and
                          (ii) the Board recommends to Congress for 
                        designation as a Partnership;
                  (B) describes any proposed modifications to a 
                Partnership previously designated by Congress under 
                subsection (f);
                  (C) with respect to each entity recommended for 
                designation as a Partnership, describes, to the maximum 
                extent practicable--
                          (i) the purpose of the recommended 
                        Partnership; and
                          (ii) how the recommended Partnership fulfills 
                        the requirements described in subsection (d).
          (2) Public availability; notification.--The Board shall--
                  (A) make the report publicly available, including on 
                the internet; and
                  (B) provide to the appropriate congressional 
                committees and the State agency of any State included 
                in a recommended Partnership area written notification 
                of the public availability of the report.
  (f) Designation or Modification of Partnership.--Congress shall have 
the exclusive authority to designate or modify a Partnership.
  (g) Existing Partnerships.--
          (1) Designation review.--Not later than 5 years after the 
        date of enactment of this Act, any partnership receiving 
        Federal funds as of the date of enactment of this Act shall be 
        subject to a designation review by Congress in which Congress 
        shall have the opportunity to designate the partnership under 
        subsection (f).
          (2) Ineligibility for federal funds.--A partnership referred 
        to in paragraph (1) that Congress does not designate as 
        described in that paragraph shall be ineligible to receive 
        Federal funds under this Act.

SEC. 6. FISH HABITAT CONSERVATION PROJECTS.

  (a) Submission to Board.--Not later than March 31 of each year, each 
Partnership shall submit to the Board a list of priority 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 year, 
the Board shall submit to the Secretary a priority list of fish habitat 
conservation projects that includes a description, including estimated 
costs, of each project that the Board recommends that the Secretary 
approve and fund under this Act for the following fiscal year.
  (c) Criteria for Project Selection.--The Board shall select each fish 
habitat conservation project recommended to the Secretary under 
subsection (b) after taking into consideration, at a minimum, the 
following information:
          (1) A recommendation of the Partnership that is, or will be, 
        participating actively in implementing the fish habitat 
        conservation project.
          (2) The capabilities and experience of project proponents to 
        implement successfully the proposed project.
          (3) The extent to which the fish habitat conservation 
        project--
                  (A) fulfills a local or regional priority that is 
                directly linked to the strategic plan of the 
                Partnership and is consistent with the purpose of this 
                Act;
                  (B) addresses the national priorities established by 
                the Board;
                  (C) is supported by the findings of the habitat 
                assessment of the Partnership or the Board, and aligns 
                or is compatible with other conservation plans;
                  (D) identifies appropriate monitoring and evaluation 
                measures and criteria that are compatible with national 
                measures;
                  (E) provides a well-defined budget linked to 
                deliverables and outcomes;
                  (F) leverages other funds to implement the project;
                  (G) addresses the causes and processes behind the 
                decline of fish or fish habitats; and
                  (H) includes an outreach or education component that 
                includes the local or regional community.
          (4) The availability of sufficient non-Federal funds to match 
        Federal contributions for the fish habitat conservation 
        project, as required by subsection (e).
          (5) The extent to which the fish habitat conservation 
        project--
                  (A) will increase fish populations in a manner that 
                leads to recreational fishing opportunities for the 
                public;
                  (B) will be carried out through a cooperative 
                agreement among Federal, State, and local governments, 
                Indian Tribes, and private entities;
                  (C) increases public access to land or water for fish 
                and wildlife-dependent recreational opportunities;
                  (D) advances the conservation of fish and wildlife 
                species that have been identified by a State agency as 
                species of greatest conservation need;
                  (E) where appropriate, advances the conservation of 
                fish and fish habitats under the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) and other relevant Federal law and State 
                wildlife action plans; and
                  (F) promotes strong and healthy fish habitats so that 
                desired biological communities are able to persist and 
                adapt.
          (6) 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 using applicable Board guidance--
                  (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 fish 
                populations, 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 authorities.--
                  (A) In general.--A State, local government, or other 
                non-Federal entity is eligible to receive funds for the 
                acquisition of real property from willing sellers under 
                this Act if the acquisition ensures--
                          (i) public access for fish and wildlife-
                        dependent recreation; or
                          (ii) a scientifically based, direct 
                        enhancement to the health of fish and fish 
                        populations, as determined by the Board.
                  (B) State agency approval.--
                          (i) In general.--All real property interest 
                        acquisition projects funded under this Act must 
                        be approved by the State agency in the State in 
                        which the project is occurring.
                          (ii) Prohibition.--The Board may not 
                        recommend, and the Secretary may not provide 
                        any funding for, any real property interest 
                        acquisition that has not been approved by the 
                        State agency.
                  (C) Assessment of other authorities.--The Board may 
                not recommend, and the Secretary may not provide any 
                funding under this Act for, any real property interest 
                acquisition unless the Partnership that recommended the 
                project has conducted a project assessment, submitted 
                with the funding request and approved by the Board, to 
                demonstrate all other Federal, State, and local 
                authorities for the acquisition of real property have 
                been exhausted.
                  (D) Restrictions.--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 conducted with funds provided under this 
                Act, unless--
                          (i) the owner of the real property authorizes 
                        the State, local government, or other non-
                        Federal entity to acquire the real property; 
                        and
                          (ii) the Secretary and the Board determine 
                        that the State, local government, or other non-
                        Federal entity would benefit from undertaking 
                        the management of the real property being 
                        acquired because that is in accordance with the 
                        goals of a Partnership.
  (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) Non-federal share.--Such non-Federal share of the cost of 
        a fish habitat conservation project--
                  (A) may not be derived from another Federal grant 
                program; and
                  (B) may include in-kind contributions and cash.
          (3) 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 90 days after the date of 
        receipt of the recommended priority list of fish habitat 
        conservation projects under subsection (b), and subject to 
        subsection (d) and based, to the maximum extent practicable, on 
        the criteria described in subsection (c), the Secretary, after 
        consulting with the Secretary of Commerce on marine or 
        estuarine projects, shall approve or reject any fish habitat 
        conservation project recommended by the Board.
          (2) Funding.--If the Secretary approves a fish habitat 
        conservation project under paragraph (1), the Secretary 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 Secretary rejects under paragraph 
        (1) any fish habitat conservation project recommended by the 
        Board, not later than 90 days after the date of receipt of the 
        recommendation, the Secretary shall provide to the Board, the 
        appropriate Partnership, and the appropriate congressional 
        committees a written statement of the reasons that the 
        Secretary rejected the fish habitat conservation project.

SEC. 7. TECHNICAL AND SCIENTIFIC ASSISTANCE.

  (a) In General.--The Director, the NOAA Assistant Administrator, the 
EPA Assistant Administrator, and the Director of the United States 
Geological Survey, in coordination with the Forest Service and other 
appropriate Federal departments and agencies, may provide scientific 
and technical assistance to Partnerships, participants in fish habitat 
conservation projects, and the Board.
  (b) Inclusions.--Scientific and technical assistance provided under 
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 assist in 
        conducting 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. 8. 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. 9. 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 NOAA 
Assistant Administrator, the EPA Assistant Administrator, the Director 
of the United States Geological Survey, and the heads of other 
appropriate Federal departments and agencies (including, at a minimum, 
those agencies represented on the Board) shall develop an interagency 
operational plan that describes--
          (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this Act; and
          (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.

SEC. 10. ACCOUNTABILITY AND REPORTING.

  (a) Reporting.--
          (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, and every 5 years thereafter, the Board 
        shall submit to the appropriate congressional committees a 
        report describing the progress of this Act.
          (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 measures of fish 
                habitat, that was maintained or improved by 
                Partnerships under this Act during the 5-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 this Act during 
                that 5-year period;
                  (C) a description of the improved opportunities for 
                public recreational fishing achieved under this Act; 
                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 of a 
                        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 under this Act.
  (b) Status and Trends Report.--Not later than December 31, 2020, and 
every 5 years thereafter, the Board shall submit to the appropriate 
congressional committees a report that includes--
          (1) a status of all Partnerships designated under this Act;
          (2) a description of the status of fish habitats in the 
        United States as identified by designated Partnerships; and
          (3) enhancements or reductions in public access as a result 
        of--
                  (A) the activities of the Partnerships; or
                  (B) any other activities carried out pursuant to this 
                Act.

SEC. 11. EFFECT OF THE 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 the Act regarding water quality or water 
        quantity.
  (b) Authority To Acquire Water Rights or Rights to Property.--Only a 
State, local government, or other non-Federal entity may acquire, under 
State law, water rights or rights to property with funds made available 
through section 13.
  (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 Departments of State, Justice, Commerce, and The Judiciary 
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, respectively.
          (2) Mitigation.--Nothing in this Act authorizes 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 any 
        provision of the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.), including any definition in that Act.

SEC. 12. 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. 13. 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 2019 through 2023 to provide funds for fish 
        habitat conservation projects approved under section 6(f), of 
        which 5 percent is authorized only for projects carried out by 
        Indian Tribes.
          (2) Administrative and planning expenses.--There is 
        authorized to be appropriated to the Secretary for each of 
        fiscal years 2019 through 2023 an amount equal to 5 percent of 
        the amount appropriated for the applicable fiscal year pursuant 
        to paragraph (1)--
                  (A) for administrative and planning expenses under 
                this Act; and
                  (B) to carry out section 10.
          (3) Technical and scientific assistance.--There is authorized 
        to be appropriated for each of fiscal years 2020 through 2024 
        to carry out, and provide technical and scientific assistance 
        under, section 7--
                  (A) $400,000 to the Secretary for use by the United 
                States Fish and Wildlife Service;
                  (B) $400,000 to the NOAA Assistant Administrator for 
                use by the National Oceanic and Atmospheric 
                Administration;
                  (C) $400,000 to the EPA Assistant Administrator for 
                use by the Environmental Protection Agency;
                  (D) $400,000 to the Secretary for use by the United 
                States Geological Survey; and
                  (E) $400,000 to the Chief of the Forest Service for 
                use by the United States Department of Agriculture 
                Forest Service.
  (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 to provide funds authorized by this 
        Act for a fish habitat conservation project or restoration or 
        enhancement project;
          (2) apply for, accept, and, subject to the availability of 
        appropriations, use a grant from any individual or entity to 
        carry out the purposes of this Act; and
          (3) subject to the availability of appropriations, make funds 
        authorized by this Act 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 Act--
                  (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.

SEC. 14. PROHIBITION AGAINST IMPLEMENTATION OF REGULATORY AUTHORITY BY 
                    FEDERAL AGENCIES THROUGH PARTNERSHIPS.

  Any Partnership designated under this Act--
          (1) shall be for the sole purpose of promoting fish 
        conservation; and
          (2) shall not be used to implement any regulatory authority 
        of any Federal agency.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1747 is to encourage partnerships among 
public agencies and other interested persons to promote fish 
conservation.

                  BACKGROUND AND NEED FOR LEGISLATION

    Fish habitats include all the physical and chemical factors 
required to support fish populations, including temperature, 
salinity, water depth, substrate, plants, cover, oxygen, and 
dissolved minerals. Natural freshwater, estuarine, and marine 
habitats essential to the survival of fish in the United States 
have been destroyed, fragmented, and degraded by human 
settlement and the competing use of space for agriculture, 
transportation, infrastructure, energy and mineral resource 
extraction, and other industrial development.
    The National Fish Habitat Partnership estimates that 
approximately 22.5 percent of inland stream mileages in the 
continental U.S. are at ``high'' or ``very high'' risk of 
habitat degradation, with urban centers from Boston to 
Washington, D.C., Atlanta, Dallas, Houston, Chicago, Denver, 
southern California, San Francisco, Honolulu, and Seattle being 
regions of ``pronounced'' high risk of habitat degradation, in 
addition to the high risk regions of the Midwest from Ohio to 
North Dakota, northwestern New York, the Mississippi River 
basin, northwestern Texas, northwestern Utah, southern Idaho, 
northern Montana, central California, and southeastern 
Washington.\1\ Estuarine habitats of the mid-Atlantic and 
Peninsular Florida are similarly at high or very high risk of 
degradation related to pollution and other human activities.\2\ 
For example, in the past century, Tampa Bay has lost more than 
44 percent of its coastal wetland habitats, including mangrove 
and salt marsh habitats that provide protected nursery areas 
for fish, crustaceans, and shellfish.\3\ While inherently 
valuable for the preservation of healthy and diverse 
ecosystems, healthy fish habitats also support $46.1 billion in 
recreational fishing-related consumer spending according to the 
U.S. Fish and Wildlife Service (FWS),\4\ and a report 
commissioned by the American Sportfishing Association has 
estimated that this spending has a $125 billion impact on the 
U.S. economy that provides more than 800,000 jobs across the 
United States.\5\
---------------------------------------------------------------------------
    \1\Steve Crawford et al., Nat'l Fish Habitat P'Ship, Through a 
Fish's Eye: The Status of Fish Habitats in the United States 2015 
(2016), http://assessment.fishhabitat.org/ (follow ``Explore the 
Assessment'' hyperlink; then follow ``National Overview'' hyperlink) 
(last visited Nov. 5, 2019).
    \2\Id.
    \3\Florida's Mangroves, Fla. Dep't of Envtl. Prot., https://
floridadep.gov/rcp/rcp/content/floridas-mangroves (last modified Feb. 
27, 2019); Salt Marshes, FLA. Dep't of Envtl. Prot., https://
floridadep.gov/rcp/saltmarshes (last modified Sept. 9, 2019).
    \4\U.S. Fish and Wildlife Serv. & U.S. Census Bureau, 2016 National 
Survey of Fishing, Hunting, And Wildlife-Associated Recreation 10, 11 
(2018), https://wsfrprograms.fws.gov/subpages/nationalsurvey/
nat_survey2016.pdf.
    \5\See Tom Allen Et Al., Southwick Assocs., Sportfishing in 
America: An Economic Force for Conservation 10 (2018), https://
www.fishwildlife.org/application/files/6015/3719/7579/Southwick_Assoc_-
_ASA_Sportfishing_Econ.pdf.
---------------------------------------------------------------------------
    H.R. 1747 enacts the approach successfully used by the 
National Fish Habitat Partnership, a program established in 
2006 through a state-led public-private partnership at the FWS. 
The Act is also modeled after the North American Wetlands 
Conservation Act\6\ as well as the state-and-locally-led 
collaborative joint venture model for implementing voluntary 
conservation action on the ground to conserve birds and their 
habitats. To date, the National Fish Habitat Partnership has 
participated in 840 projects in all 50 states and created 1,100 
jobs with $34 million invested since its inception in 2006, 
with a direct economic value exceeding $150 million. Recent and 
ongoing projects include:
---------------------------------------------------------------------------
    \6\Pub. L. No. 101-233, 103 Stat. 1968 (1989).
---------------------------------------------------------------------------
           The Desert Fish Habitat Partnership 
        enhancement and restoration of connectivity of the 
        Amargo Creek with the main stem of the Navajo River in 
        New Mexico to repatriate native Roundtail Chub, 
        Flannelmouth Sucker, and Bluehead Sucker in lands of 
        the Jicarilla Apache Nation, increasing the river miles 
        available to the fish by approximately 50 percent.
           The California Fish Passage Forum 
        restoration of fish passage and grade stabilization 
        through a 600-foot stream reach of the Upper Green 
        Valley Creek, enabling access for Coho salmon to almost 
        a mile of additional rearing and spawning habitat.\7\
---------------------------------------------------------------------------
    \7\2019 Waters to Watch, Nat'l Fish Habitat P'Ship, http://
www.fishhabitat.org//waters-to-watch/archive/2019 (last accessed on 
Nov. 5, 2019).
---------------------------------------------------------------------------
    In addition, this bill establishes a National Fish Habitat 
Board to oversee and promote implementation of the bill. The 
Board would set procedures for considering and recommending 
fish habitat partnerships and conservation projects eligible 
for $7.2 million of grant money authorized to be spent each 
year for Fiscal Years 2019-2023.

                            COMMITTEE ACTION

    H.R. 1747 was introduced on March 13, 2019, by 
Representative Robert J. Wittman (R-VA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On September 24, 2019, the Subcommittee held a hearing on the 
bill. On September 25, 2019, the Natural Resources Committee 
met to consider the bill. The Subcommittee was discharged from 
further consideration of H.R. 1747 by unanimous consent. An 
amendment offered by Rep. Jenniffer Gonzalez-Colon (R-PR) was 
agreed to by voice vote. No additional amendments were offered, 
and the bill, as amended, was adopted and ordered favorably 
reported to the House of Representatives by voice vote.

                                HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 1747: legislative hearing by the Subcommittee on 
Water, Oceans, and Wildlife held on September 24, 2019.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section provides the short title of the bill, the 
``National Fish Habitat Conservation Through Partnerships 
Act.''

Section 2. Purpose

    This section describes that the purpose of the bill is to 
encourage partnerships among public agencies to promote fish 
conservation.

Section 3. Definitions

    This section defines relevant terms.

Section 4. National Fish Habitat Board

    This section establishes the National Fish Habitat Board 
(Board) to coordinate implementation of this Act and to make 
recommendations regarding fish habitat conservation projects 
and regarding entities for designation as Fish Habitat 
Partnerships (Partnerships). Board membership would be composed 
of representatives from federal and state agencies, Indian 
tribes, Regional Fishery Management Councils or Marine 
Fisheries Commissions, the Sportfishing and Boating Partnership 
Council, and relevant industries and organizations on terms of 
three years (in some cases staggered terms). The Board would be 
chaired by a representative of the Association of Fish and 
Wildlife Agencies.

Section 5. Fish Habitat Partnerships

    This section authorizes the Board to recommend to Congress 
the designation of Partnerships to work with other regional 
habitat conservation programs and local communities to, among 
other things, develop evaluation and assessment measures and 
achievable implementation plans. This section requires the 
Board to provide an annual report to Congress on future fish 
habitat partnerships and modifications.

Section 6. Fish habitat conservation projects

    This section requires Partnerships to submit 
recommendations for funding priority fish habitat conservation 
projects annually to the Board, who are then required to submit 
recommendations to the Secretary of Interior for funding. 
Projects are required to have at least 50 percent of funds come 
from non-federal sources.

Section 7. Technical and scientific assistance

    This section authorizes several federal agencies to provide 
scientific and technical assistance to Partnerships, project 
participants, and the Board.

Section 8. Coordination with states and Indian tribes

    This section requires the Secretary of Interior to 
coordinate with appropriate state or tribal agencies within the 
boundaries of planned activities.

Section 9. Interagency operational plan

    This section directs the Director of the U.S. Fish and 
Wildlife Service, in coordination with other federal 
departments and agencies, to develop an interagency operational 
plan that describes the functional, operational, technical, 
scientific, staffing, administrative, and material needs to 
implement this Act, and any interagency agreements between or 
among them to address those needs.

Section 10. Accountability and reporting

    This section requires the Board to submit a report to 
Congress every five years describing the progress of this Act, 
including an estimate of the geographic area of habitat 
maintained or improved, a description of public access to 
habitats established or improved, a description of the improved 
opportunities for public recreational fishing, and an 
assessment of the status of fish habitat conservation projects 
carried out. The section also requires a report every five 
years describing Partnerships and related habitats and 
activities.

Section 11. Effect of the Act

    This section clarifies that the Act does not affect other 
federal or state laws regarding, among other rights: water 
rights, state authorities, the rights of Indian tribes, the 
authority of the Department of Commerce to regulate fish or 
fish habitats under the Magnuson-Stevens Fishery Conservation 
and Management Act, or private property rights.

Section 12. Nonapplicability of Federal Advisory Committee Act

    This section states that the Federal Advisory Committee Act 
shall not apply to either the Board or any Partnership.

Section 13. Funding

    This section authorizes $7.2 million for each of fiscal 
years 2019 through 2023 to fund approved projects, with five 
percent reserved for projects carried out by Indian tribes and 
an additional, separate five percent for administrative and 
planning expenses and reporting. This section authorizes 
$400,000 each fiscal year through 2023 for each of the 
following services for technical and scientific assistance: the 
U.S. Fish and Wildlife Service, the National Oceanic and 
Atmospheric Administration, the Environmental Protection 
Agency, the U.S. Geological Survey, and the U.S. Forest 
Service. This section authorizes the Secretary of Interior to 
enter into grant agreements and to accept donations.

Section 14. Prohibition against implementation of regulatory authority 
        by federal agencies through partnerships

    This section limits any Partnership from being used to 
implement the regulatory authority of any federal agency.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 7, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1747, the National 
Fish Habitat Conservation Through Partnerships Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                 Phillip L. Swagel.
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1747 would create a National Fish Habitat Board 
consisting of 25 members from the federal government, state 
governments, private industry representatives, and other 
private citizens. The board would recommend to the Congress 
organizations to be designated as Fish Habitat Partnerships. 
Those partnerships would be eligible to receive federal grants 
to improve the health of fish and fish habitats.
    H.R. 1747 would authorize the appropriation of $7.2 million 
annually through 2023 for grants to partnerships to implement 
conservation projects and an additional $360,000 annually 
through 2023 for administrative expenses.
    The bill also would authorize the Department of the 
Interior (DOI), the National Oceanic and Atmospheric 
Administration, the Environmental Protection Agency, and the 
Forest Service to provide technical and scientific assistance 
to any partnerships recognized under H.R. 1747. The bill would 
authorize the appropriation of $2 million annually over the 
2020-2024 period for those agencies to provide such assistance.
    Using historical spending patterns for similar programs and 
assuming appropriation of the authorized amounts, CBO estimates 
that implementing H.R. 1747 would cost $32 million over the 
2020-2024 period and $8 million after 2024. The costs of the 
legislation, detailed in Table 1, fall within budget function 
300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1747
----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, millions of dollars--
                                                              --------------------------------------------------
                                                                2020    2021    2022    2023    2024   2020-2024
----------------------------------------------------------------------------------------------------------------
Fish Habitat Conservation:
    Authorization............................................       8       8       8       8       0        30
    Estimated Outlays........................................       2       4       5       6       5        23
Technical and Scientific Assessment:
    Authorization............................................       2       2       2       2       2        10
    Estimated Outlays........................................       1       2       2       2       2         9
Total Changes:
    Authorization............................................      10      10      10      10       2        40
    Estimated Outlays........................................       3       6       7       8       7        32
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    H.R. 1747 would allow DOI to accept and spend monetary 
gifts to supplement appropriated funds provided for grants to 
recognized partnerships. The receipt and spending of such gifts 
are recorded in the budget as direct spending. Because any 
money received would probably be spent soon thereafter, CBO 
estimates that the net effect on direct spending would be 
negligible.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to encourage partnerships among 
public agencies and other interested persons to promote fish 
conservation.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    This bill contains no unfunded mandates.

                FEDERAL ADVISORY COMMITTEE ACT STATEMENT

    This bill establishes a National Fish Habitat Board 
(Board), which, among other duties, would review and make 
recommendations to the U.S. Department of the Interior 
regarding fish habitat conservation projects. In reporting the 
bill favorably to the House of Representatives, the Committee 
on Natural Resources finds that the Board's functions are not 
already being performed by one or more agencies or by an 
advisory committee already in existence. The Committee finds 
that the Board's functions would be better performed by the 
proposed Board than by one or more agencies or an existing 
advisory committee.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The Fish Habitat Conservation 
Projects program established by Section 6(f) of the bill is 
related and complementary to, but not duplicative of, the 
following programs identified in the most recent Catalog of 
Federal Domestic Assistance published pursuant to 31 U.S.C. 
6104: Stewardship Agreements (CFDA No. 10.701); 
Interjurisdictional Fisheries Act of 1986 (CFDA No. 11.407); 
Cooperative Fishery Statistics (CFDA No. 11.434); Southeast 
Area Monitoring and Assessment Program (CFDA No. 11.435); 
Regional Fishery Management Councils (CFDA No. 11.441); Gulf 
Coast Ecosystem Restoration Science, Observation, Monitoring, 
and Technology (CFDA No. 11.451); Unallied Industry Projects 
(CFDA No. 11.452); Unallied Management Projects (CFDA No. 
11.454); Cooperative Science and Education Program (CFDA No. 
11.455); Habitat Conservation (CFDA No. 11.463); Unallied 
Science Program (CFDA No. 11.472); Atlantic Coastal Fisheries 
Cooperative Management Act (CFDA No. 11.474); Marine Debris 
Program (CFDA No. 11.999); Sport Fish Restoration (CFDA No. 
15.605); Fish and Wildlife Management Assistance (CFDA No. 
15.608); Wildlife Restoration and Basic Hunter Education (CFDA 
No. 15.611); Enhanced Hunter Education and Safety (CFDA No. 
15.626); Coastal (CFDA No. 15.630); and Partners for Fish and 
Wildlife (CFDA No. 15.631).

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]