[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2080 Reported in Senate (RS)]
Calendar No. 424
113th CONGRESS
2d Session
S. 2080
[Report No. 113-192]
To conserve fish and aquatic communities in the United States through
partnerships that foster fish habitat conservation, improve the quality
of life for the people of the United States, enhance fish and wildlife-
dependent recreation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2014
Mr. Cardin (for himself, Mr. Crapo, and Mr. Begich) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
June 5, 2014
Reported by Mrs. Boxer, without amendment
_______________________________________________________________________
A BILL
To conserve fish and aquatic communities in the United States through
partnerships that foster fish habitat conservation, improve the quality
of life for the people of the United States, enhance fish and wildlife-
dependent recreation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Fish
Habitat Conservation Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. National Fish Habitat Board.
Sec. 5. Fish habitat partnerships.
Sec. 6. Fish habitat conservation projects.
Sec. 7. National Fish Habitat Conservation Partnership Program.
Sec. 8. Technical and scientific assistance.
Sec. 9. Conservation of fish habitat on Federal land.
Sec. 10. Coordination with States and Indian tribes.
Sec. 11. Accountability and reporting.
Sec. 12. Effect of Act.
Sec. 13. Nonapplicability of Federal Advisory Committee Act.
Sec. 14. Funding.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) healthy populations of fish depend on the conservation,
protection, restoration, and enhancement of fish habitats in
the United States;
(2) fish habitats (including wetlands, streams, rivers,
lakes, estuaries, and coastal and marine habitats) perform
numerous valuable environmental functions that sustain
environmental, social, and cultural values, including recycling
nutrients, purifying water, attenuating floods, augmenting and
maintaining stream flows, recharging ground water, acting as
primary producers in the food chain, and providing essential
and significant habitat for plants, fish, wildlife, and other
dependent species;
(3) the extensive and diverse fish habitat resources of the
United States are of enormous significance to the economy of
the United States, providing--
(A) recreation for 60,000,000 anglers;
(B) more than 828,000 jobs and approximately
$115,000,000,000 in economic impact each year relating
to recreational fishing; and
(C) approximately 575,000 jobs and an additional
$36,000,000,000 in economic impact each year relating
to commercial fishing;
(4) at least 40 percent of all threatened species and
endangered species in the United States are directly dependent
on fish habitats;
(5) certain fish species are considered to be ecological
indicators of fish habitat quality, such that the presence of
those species reflects high-quality habitat for fish species;
(6) loss and degradation of fish habitat, riparian habitat,
water quality, and water volume caused by activities such as
alteration of watercourses, stream blockages, water withdrawals
and diversions, erosion, pollution, sedimentation, and
destruction or modification of wetlands have--
(A) caused significant declines in fish populations
throughout the United States, especially declines in
native fish populations; and
(B) resulted in economic losses to the United
States;
(7)(A) providing for the conservation and sustainability of
fish populations has not been fully realized, despite federally
funded fish and wildlife restoration programs and other
activities intended to conserve fish habitat; and
(B) conservation and sustainability may be significantly
advanced through a renewed commitment and sustained,
cooperative efforts that are complementary to existing fish and
wildlife restoration programs and clean water programs;
(8) the National Fish Habitat Action Plan provides a
framework for maintaining and restoring fish habitats to
perpetuate populations of fish species;
(9) the United States can achieve significant progress
toward providing fish habitats for the conservation and
restoration of fish species through a voluntary, nonregulatory
incentive program that is based on technical and financial
assistance provided by the Federal Government;
(10) the creation of partnerships between local citizens,
Indian tribes, Alaska Native organizations, corporations,
nongovernmental organizations, and Federal, State, and tribal
agencies is critical to the success of activities to restore
fish habitats;
(11) the Federal Government has numerous land and water
management agencies that are critical to the implementation of
the National Fish Habitat Action Plan, including--
(A) the United States Fish and Wildlife Service;
(B) the Bureau of Land Management;
(C) the National Park Service;
(D) the Bureau of Reclamation;
(E) the Bureau of Indian Affairs;
(F) the National Marine Fisheries Service;
(G) the Forest Service;
(H) the Natural Resources Conservation Service; and
(I) the Environmental Protection Agency;
(12) the United States Fish and Wildlife Service, the
Forest Service, the Bureau of Land Management, and the National
Marine Fisheries Service each play a vital role in--
(A) the protection, restoration, and enhancement of
the fish communities and fish habitats in the United
States; and
(B) the development, operation, and long-term
success of fish habitat partnerships and project
implementation;
(13) the United States Geological Survey, the United States
Fish and Wildlife Service, and the National Marine Fisheries
Service each play a vital role in scientific evaluation, data
collection, and mapping for fishery resources in the United
States;
(14) the State and Territorial fish and wildlife agencies
play a vital role in--
(A) the protection, restoration, and enhancement of
the fish communities and fish habitats in their
respective States and territories; and
(B) the development, operation, and long-term
success of fish habitat partnerships and project
implementation; and
(15) many of the programs for conservation on private
farmland, ranchland, and forestland that are carried out by the
Secretary of Agriculture, including the Natural Resources
Conservation Service and the State and Private Forestry
programs of the Forest Service, are able to significantly
contribute to the implementation of the National Fish Habitat
Action Plan through the engagement of private landowners.
(b) Purpose.--The purpose of this Act is to encourage partnerships
among public agencies and other interested parties consistent with the
mission and goals of the National Fish Habitat Action Plan--
(1) to promote intact and healthy fish habitats;
(2) to improve the quality and quantity of fish habitats
and overall health of fish species;
(3) to increase the quality and quantity of fish habitats
that support a broad natural diversity of fish and other
aquatic species;
(4) to improve fish habitats in a manner that leads to
improvement of the annual economic output from recreational,
subsistence, and commercial fishing;
(5) to enhance fish and wildlife-dependent recreation;
(6) to coordinate and facilitate activities carried out by
Federal departments and agencies under the leadership of--
(A) the Director of the United States Fish and
Wildlife Service;
(B) the Assistant Administrator for Fisheries of
the National Oceanic and Atmospheric Administration;
and
(C) the Director of the United States Geological
Survey; and
(7) to achieve other purposes in accordance with the
mission and goals of the National Fish Habitat Action Plan.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Environment and
Public Works of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator for Fisheries
of the National Oceanic and Atmospheric Administration.
(3) Board.--The term ``Board'' means the National Fish
Habitat Board established by section 4(a)(1).
(4) Conservation; conserve; manage; management.--The terms
``conservation'', ``conserve'', ``manage'', and ``management''
mean to maintain, sustain, and, where practicable, restore and
enhance, using methods and procedures associated with modern
scientific resource programs (including protection, research,
census, law enforcement, habitat management, propagation, live
trapping and transplantation, and the regulated harvesting of
fish)--
(A) a healthy population of fish;
(B) a habitat required to sustain fish and fish
populations; or
(C) a habitat required to sustain fish
productivity.
(5) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(6) Fish.--
(A) In general.--The term ``fish'' means any
freshwater, diadromous, estuarine, or marine finfish or
shellfish.
(B) Inclusions.--The term ``fish'' includes the
egg, spawn, spat, larval, and other juvenile stages of
an organism described in subparagraph (A).
(7) Fish and wildlife-dependent recreation.--The term
``fish and wildlife-dependent recreation'' means a use
involving hunting, fishing, wildlife observation and
photography, or conservation education and interpretation.
(8) Fish habitat.--
(A) In general.--The term ``fish habitat'' means an
area on which fish depend to carry out the life
processes of the fish, including an area used by the
fish for spawning, incubation, nursery, rearing, growth
to maturity, food supply, or migration.
(B) Inclusions.--The term ``fish habitat'' may
include--
(i) an area immediately adjacent to an
aquatic environment, if the immediately
adjacent area--
(I) contributes to the quality and
quantity of water sources; or
(II) provides public access for the
use of fishery resources; and
(ii) an area inhabited by saltwater and
brackish fish, including an offshore artificial
marine reef in the Gulf of Mexico.
(9) Fish habitat conservation project.--
(A) In general.--The term ``fish habitat
conservation project'' means a project that--
(i) is submitted to the Board by a
Partnership and approved by the Secretary under
section 6; and
(ii) provides for the conservation or
management of a fish habitat.
(B) Inclusions.--The term ``fish habitat
conservation project'' includes--
(i) the provision of technical assistance
to a State, Indian tribe, or local community by
the National Fish Habitat Conservation
Partnership Program or any other agency to
facilitate the development of strategies and
priorities for the conservation of fish
habitats; or
(ii) the voluntary obtaining of a real
property interest in land or water, by a State,
local government, or other non-Federal entity,
including water rights, in accordance with
terms and conditions that ensure that the real
property will be administered for the long-term
conservation of--
(I) the land or water; and
(II) the fish dependent on the land
or water.
(10) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(11) National fish habitat action plan.--The term
``National Fish Habitat Action Plan'' means the National Fish
Habitat Action Plan dated April 24, 2006, and any subsequent
revisions or amendments to that plan.
(12) Partnership.--The term ``Partnership'' means an entity
designated by the Board as a Fish Habitat Conservation
Partnership pursuant to section 5(a).
(13) Real property interest.--The term ``real property
interest'' means an ownership interest in--
(A) land;
(B) water (including water rights); or
(C) a building or object that is permanently
affixed to land.
(14) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(15) State.--The term ``State'' means--
(A) each of the several States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) the Virgin Islands; and
(F) any other territory or possession of the United
States.
(16) State agency.--The term ``State agency'' means--
(A) the fish and wildlife agency of a State;
(B) any department or division of a department or
agency of a State that manages in the public trust the
inland or marine fishery resources or sustains the
habitat for those fishery resources of the State
pursuant to State law or the constitution of the State;
or
(C) the fish and wildlife agency of the
Commonwealth of Puerto Rico, Guam, the Virgin Islands,
or any other territory or possession of the United
States.
SEC. 4. NATIONAL FISH HABITAT BOARD.
(a) Establishment.--
(1) Fish habitat board.--There is established a board, to
be known as the ``National Fish Habitat Board'', whose duties
are--
(A) to promote, oversee, and coordinate the
implementation of this Act and the National Fish
Habitat Action Plan;
(B) to establish national goals and priorities for
fish habitat conservation;
(C) to approve Partnerships; and
(D) to review and make recommendations regarding
fish habitat conservation projects.
(2) Membership.--The Board shall be composed of 28 members,
of whom--
(A) 1 shall be the Director;
(B) 1 shall be the Assistant Administrator;
(C) 1 shall be the Chief of the Natural Resources
Conservation Service;
(D) 1 shall be the Chief of the Forest Service;
(E) 1 shall be the Assistant Administrator for
Water of the Environmental Protection Agency;
(F) 1 shall be the President of the Association of
Fish and Wildlife Agencies;
(G) 1 shall be the Secretary of the Board of
Directors of the National Fish and Wildlife Foundation
appointed pursuant to section 3(g)(2)(B) of the
National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3702(g)(2)(B));
(H) 4 shall be representatives of State agencies, 1
of whom shall be nominated by a regional association of
fish and wildlife agencies from each of the Northeast,
Southeast, Midwest, and Western regions of the United
States;
(I) 1 shall be a representative of the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, or any other
territory or possession of the United States;
(J) 1 shall be a representative of the American
Fisheries Society;
(K) 2 shall be representatives of Indian tribes, of
whom--
(i) 1 shall represent Indian tribes from
the State of Alaska; and
(ii) 1 shall represent Indian tribes from
the other States;
(L) 1 shall be a representative of the Regional
Fishery Management Councils established under section
302 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852);
(M) 1 shall be a representative of the Marine
Fisheries Commissions, which is composed of--
(i) the Atlantic States Marine Fisheries
Commission;
(ii) the Gulf States Marine Fisheries
Commission; and
(iii) the Pacific States Marine Fisheries
Commission;
(N) 1 shall be a representative of the Sportfishing
and Boating Partnership Council; and
(O) 10 shall be representatives selected from each
of the following groups:
(i) The recreational sportfishing industry.
(ii) The commercial fishing industry.
(iii) Marine recreational anglers.
(iv) Freshwater recreational anglers.
(v) Terrestrial resource conservation
organizations.
(vi) Aquatic resource conservation
organizations.
(vii) The livestock and poultry production
industry.
(viii) The land development industry.
(ix) The row crop industry.
(x) Natural resource commodity interests,
such as petroleum or mineral extraction.
(3) Compensation.--A member of the Board shall serve
without compensation.
(4) Travel expenses.--A member of the Board may be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for an employee of an agency under subchapter
I of chapter 57 of title 5, United States Code, while away from
the home or regular place of business of the member in the
performance of the duties of the Board.
(b) Appointment and Terms.--
(1) In general.--Except as otherwise provided in this
subsection, a member of the Board described in any of
subparagraphs (H) through (O) of subsection (a)(2) shall serve
for a term of 3 years.
(2) Initial board membership.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the representatives of
the board established by the National Fish Habitat
Action Plan shall appoint the initial members of the
Board described in subparagraphs (H), (I), (J), (L),
(M), (N), and (O) of subsection (a)(2).
(B) Tribal representatives.--Not later than 180
days after the enactment of this Act, the Secretary
shall provide to the board established by the National
Fish Habitat Action Plan a recommendation of not less
than 4 tribal representatives, from which that board
shall appoint 2 representatives pursuant to
subparagraph (K) of subsection (a)(2).
(3) Transitional terms.--Of the members described in
subsection (a)(2)(O) initially appointed to the Board--
(A) 4 shall be appointed for a term of 1 year;
(B) 4 shall be appointed for a term of 2 years; and
(C) 3 shall be appointed for a term of 3 years.
(4) Vacancies.--
(A) In general.--A vacancy of a member of the Board
described in subparagraphs (H), (I), (J), (L), (M),
(N), and (O) of subsection (a)(2) shall be filled by an
appointment made by the remaining members of the Board.
(B) Tribal representatives.--Following a vacancy of
a member of the Board described in subparagraph (K) of
subsection (a)(2), the Secretary shall recommend to the
Board a list of not less than 4 tribal representatives,
from which the remaining members of the Board shall
appoint a representative to fill the vacancy.
(5) Continuation of service.--An individual whose term of
service as a member of the Board expires may continue to serve
on the Board until a successor is appointed.
(6) Removal.--If a member of the Board described in any of
subparagraphs (H) through (O) of subsection (a)(2) misses 3
consecutive regularly scheduled Board meetings, the members of
the Board may--
(A) vote to remove that member; and
(B) appoint another individual in accordance with
paragraph (4).
(c) Chairperson.--
(1) In general.--The Board shall elect a member of the
Board to serve as Chairperson of the Board.
(2) Term.--The Chairperson of the Board shall serve for a
term of 3 years.
(d) Meetings.--
(1) In general.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less frequently than twice each calendar
year.
(2) Public access.--All meetings of the Board shall be open
to the public.
(e) Procedures.--
(1) In general.--The Board shall establish procedures to
carry out the business of the Board, including--
(A) a requirement that a quorum of the members of
the Board be present to transact business;
(B) a requirement that no recommendations may be
adopted by the Board, except by the vote of \2/3\ of
all members;
(C) procedures for establishing national goals and
priorities for fish habitat conservation for the
purposes of this Act;
(D) procedures for designating Partnerships under
section 5; and
(E) procedures for reviewing, evaluating, and
making recommendations regarding fish habitat
conservation projects.
(2) Quorum.--A majority of the members of the Board shall
constitute a quorum.
SEC. 5. FISH HABITAT PARTNERSHIPS.
(a) Authority To Approve.--The Board may approve and designate Fish
Habitat Partnerships in accordance with this section.
(b) Purposes.--The purposes of a Partnership shall be--
(1) to coordinate the implementation of the National Fish
Habitat Action Plan at a regional level;
(2) to identify strategic priorities for fish habitat
conservation;
(3) to recommend to the Board fish habitat conservation
projects that address a strategic priority of the Board; and
(4) to develop and carry out fish habitat conservation
projects.
(c) Applications.--An entity seeking to be designated as a
Partnership shall submit to the Board an application at such time, in
such manner, and containing such information as the Board may
reasonably require.
(d) Approval.--The Board may approve an application for a
Partnership submitted under subsection (c) if the Board determines that
the applicant--
(1) identifies representatives to provide support and
technical assistance to the Partnership from a diverse group of
public and private partners, which may include Federal, State,
or local governments, nonprofit entities, Indian tribes, and
private individuals, that are focused on conservation of fish
habitats to achieve results across jurisdictional boundaries on
public and private land;
(2) is organized to promote the health of important fish
habitats and distinct geographical areas, important fish
species, or system types, including reservoirs, natural lakes,
coastal and marine environments, and estuaries;
(3) identifies strategic fish and fish habitat priorities
for the Partnership area in the form of geographical focus
areas or key stressors or impairments to facilitate strategic
planning and decisionmaking;
(4) is able to address issues and priorities on a
nationally significant scale;
(5) includes a governance structure that--
(A) reflects the range of all partners; and
(B) promotes joint strategic planning and
decisionmaking by the applicant;
(6) demonstrates completion of, or significant progress
toward the development of, a strategic plan to address the
decline in fish populations, rather than simply treating
symptoms in accordance with the National Fish Habitat Action
Plan; and
(7) promotes collaboration in developing a strategic vision
and implementation program that is scientifically sound and
achievable.
SEC. 6. FISH HABITAT CONSERVATION PROJECTS.
(a) Submission to Board.--Not later than March 31 of each calendar
year, each Partnership shall submit to the Board a list of fish habitat
conservation projects recommended by the Partnership for annual funding
under this Act.
(b) Recommendations by Board.--Not later than July 1 of each
calendar year, the Board shall submit to the Secretary a description,
including estimated costs, of each fish habitat conservation project
that the Board recommends that the Secretary approve and fund under
this Act, in order of priority, for the following fiscal year.
(c) Considerations.--The Board shall select each fish habitat
conservation project to be recommended to the Secretary under
subsection (b)--
(1) based on a recommendation of the Partnership that is,
or will be, participating actively in carrying out the fish
habitat conservation project; and
(2) after taking into consideration--
(A) the extent to which the fish habitat
conservation project fulfills a purpose of this Act or
a goal of the National Fish Habitat Action Plan;
(B) the extent to which the fish habitat
conservation project addresses the national priorities
established by the Board;
(C) the availability of sufficient non-Federal
funds to match Federal contributions for the fish
habitat conservation project, as required by subsection
(e);
(D) the extent to which the fish habitat
conservation project--
(i) increases recreational fishing
opportunities for the public;
(ii) will be carried out through a
cooperative agreement among Federal, State, and
local governments, Indian tribes, and private
entities;
(iii) increases public access to land or
water for fish and wildlife-dependent
recreational opportunities;
(iv) advances the conservation of fish and
wildlife species that have been identified by
the States as species in greatest need of
conservation;
(v) where appropriate, advances the
conservation of fish and fish habitats under
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), other
relevant Federal law, and State wildlife action
plans; and
(vi) promotes strong and healthy fish
habitats such that desired biological
communities are able to persist and adapt; and
(E) the substantiality of the character and design
of the fish habitat conservation project.
(d) Limitations.--
(1) Requirements for evaluation.--No fish habitat
conservation project may be recommended by the Board under
subsection (b) or provided financial assistance under this Act
unless the fish habitat conservation project includes an
evaluation plan designed--
(A) to appropriately assess the biological,
ecological, or other results of the habitat protection,
restoration, or enhancement activities carried out
using the assistance;
(B) to reflect appropriate changes to the fish
habitat conservation project if the assessment
substantiates that the fish habitat conservation
project objectives are not being met;
(C) to identify improvements to existing
recreational fishing opportunities and the overall
economic benefits for the local community of the fish
habitat conservation project; and
(D) to require the submission to the Board of a
report describing the findings of the assessment.
(2) Acquisition of real property interests.--
(A) Acquisition of real property interests.--
(i) In general.--Subject to clause (ii), a
State, local government, or other non-Federal
entity shall be eligible to receive funds under
this Act for the acquisition of real property.
(ii) Restriction.--No fish habitat
conservation project that will result in the
acquisition by a State, local government, or
other non-Federal entity, in whole or in part,
of any real property interest may be
recommended by the Board under subsection (b)
or provided financial assistance under this Act
unless the project meets the requirements of
subparagraph (B).
(B) Requirements.--
(i) In general.--A real property interest
may not be acquired pursuant to a fish habitat
conservation project by a State, local
government, or other non-Federal entity
unless--
(I) the Secretary determines that
the State, local government, or other
non-Federal entity is obligated to
undertake the management of the real
property being acquired in accordance
with the purposes of this Act; and
(II) the owner of the real property
authorizes the State, local government,
or other non-Federal entity to acquire
the real property.
(ii) Additional conditions.--Any real
property interest acquired by a State, local
government, or other non-Federal entity
pursuant to a fish habitat conservation project
shall be subject to terms and conditions
established by the Secretary providing for the
long-term conservation and management of the
fish habitat and the fish and wildlife
dependent on that habitat.
(iii) Public access.--
(I) In general.--Any acquisition of
fee title to real property by a State,
local government, or non-Federal entity
pursuant to this Act shall, where
applicable and consistent with State
laws and regulations, provide public
access to that real property for
compatible fish and wildlife-dependent
recreation.
(II) Public access.--Public access
to real property described in subclause
(I) shall be closed only for purposes
of protecting public safety, the
property, or habitat.
(iv) State agency approval.--
(I) In general.--Any real property
interest acquired by a State, local
government, or other non-Federal entity
under this Act shall be approved by the
applicable State agency in the State in
which the fish habitat conservation
project is carried out.
(II) Administration.--The Board
shall not recommend, and the Secretary
shall not provide any funding under
this Act for, the acquisition of any
real property interest described in
subclause (I) that has not been
approved by the applicable State
agency.
(v) Violation.--If the State, local
government, or other non-Federal entity
violates any term or condition established by
the Secretary under clause (ii), the Secretary
may require the State, local government, or
other non-Federal entity to refund all or part
of any payments received under this Act, with
interest on the payments as determined
appropriate by the Secretary.
(e) Non-Federal Contributions.--
(1) In general.--Except as provided in paragraph (2), no
fish habitat conservation project may be recommended by the
Board under subsection (b) or provided financial assistance
under this Act unless at least 50 percent of the cost of the
fish habitat conservation project will be funded with non-
Federal funds.
(2) Projects on federal land or water.--Notwithstanding
paragraph (1), Federal funds may be used for payment of 100
percent of the costs of a fish habitat conservation project
located on Federal land or water.
(3) Non-federal share.--The non-Federal share of the cost
of a fish habitat conservation project--
(A) may not be derived from a Federal grant
program; but
(B) may include in-kind contributions and cash.
(4) Special rule for indian tribes.--Notwithstanding
paragraph (1) or any other provision of law, any funds made
available to an Indian tribe pursuant to this Act may be
considered to be non-Federal funds for the purpose of paragraph
(1).
(f) Approval.--
(1) In general.--Not later than 180 days after the date of
receipt of the recommendations of the Board for fish habitat
conservation projects under subsection (b), subject to the
limitations under subsection (d), and based, to the maximum
extent practicable, on the criteria described in subsection
(c)--
(A) the Secretary shall approve, reject, or reorder
the priority of any fish habitat conservation project
recommended by the Board that is not within a marine or
estuarine habitat; and
(B) the Secretary and the Secretary of Commerce
shall jointly approve, reject, or reorder the priority
of any fish habitat conservation project recommended by
the Board that is within a marine or estuarine habitat.
(2) Funding.--If a fish habitat conservation project under
paragraph (1) is approved by the Secretary, or the Secretary
and the Secretary of Commerce jointly, the Secretary, or the
Secretary and the Secretary of Commerce jointly, as applicable,
shall use amounts made available to carry out this Act to
provide funds to carry out the fish habitat conservation
project.
(3) Notification.--If the priority of any fish habitat
conservation project recommended by the Board under subsection
(b) is rejected or reordered by the Secretary, or the Secretary
and the Secretary of Commerce jointly, the Secretary, or the
Secretary and the Secretary of Commerce jointly, shall, not
later than 180 days after the date of receipt of the
recommendations, provide to the Board, the appropriate
Partnership, and the appropriate congressional committees a
written statement of the Secretary, or the Secretary and the
Secretary of Commerce jointly, as applicable, detailing the
reasons why the Secretary or the Secretary and the Secretary of
Commerce jointly rejected or reordered the priority of the fish
habitat conservation project.
SEC. 7. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish a program, to be
known as the ``National Fish Habitat Conservation Partnership
Program'', within the Division of Fish and Aquatic Conservation of the
United States Fish and Wildlife Service.
(b) Functions.--The National Fish Habitat Conservation Partnership
Program shall--
(1) provide funding for the operational needs of the
Partnerships, including funding for activities such as
planning, project development and implementation, coordination,
monitoring, evaluation, communication, and outreach;
(2) provide funding to support the detail of State and
tribal fish and wildlife staff to the Program;
(3) facilitate the cooperative development and approval of
Partnerships;
(4) assist the Secretary and the Board in carrying out this
Act;
(5) assist the Secretary in carrying out the requirements
of sections 8 and 10;
(6) facilitate communication, cohesiveness, and efficient
operations for the benefit of Partnerships and the Board;
(7) facilitate, with assistance from the Director, the
Assistant Administrator, and the President of the Association
of Fish and Wildlife Agencies, the consideration of fish
habitat conservation projects by the Board;
(8) provide support to the Director regarding the
development and implementation of the interagency operational
plan under subsection (c);
(9) coordinate technical and scientific reporting as
required by section 11;
(10) facilitate the efficient use of resources and
activities of Federal departments and agencies to carry out
this Act in an efficient manner; and
(11) provide support to the Board for national
communication and outreach efforts that promote public
awareness of fish habitat conservation.
(c) Interagency Operational Plan.--Not later than 1 year after the
date of enactment of this Act, and every 5 years thereafter, the
Director, in cooperation with the Assistant Administrator and the heads
of other appropriate Federal departments and agencies, shall develop an
interagency operational plan for the National Fish Habitat Conservation
Partnership Program that describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs of the
Program; and
(2) any interagency agreements between or among Federal
departments and agencies to address those needs.
(d) Staff and Support.--
(1) Departments of interior and commerce.--The Director and
the Assistant Administrator shall each provide appropriate
staff to support the National Fish Habitat Conservation
Partnership Program, subject to the availability of funds under
section 14.
(2) States and indian tribes.--Each State and Indian tribe
is encouraged to provide staff to support the National Fish
Habitat Conservation Partnership Program.
(3) Detailees and contractors.--The National Fish Habitat
Conservation Partnership Program may accept staff or other
administrative support from other entities--
(A) through interagency details; or
(B) as contractors.
(4) Qualifications.--The staff of the National Fish Habitat
Conservation Partnership Program shall include members with
education and experience relating to the principles of fish,
wildlife, and habitat conservation.
(e) Reports.--Not less frequently than once each year, the Director
shall provide to the Board a report describing the activities of the
National Fish Habitat Conservation Partnership Program.
SEC. 8. TECHNICAL AND SCIENTIFIC ASSISTANCE.
(a) In General.--The Director, the Assistant Administrator, and the
Director of the United States Geological Survey, in coordination with
the Forest Service and other appropriate Federal departments and
agencies, shall provide scientific and technical assistance to the
Partnerships, participants in fish habitat conservation projects, and
the Board.
(b) Inclusions.--Scientific and technical assistance provided
pursuant to subsection (a) may include--
(1) providing technical and scientific assistance to
States, Indian tribes, regions, local communities, and
nongovernmental organizations in the development and
implementation of Partnerships;
(2) providing technical and scientific assistance to
Partnerships for habitat assessment, strategic planning, and
prioritization;
(3) supporting the development and implementation of fish
habitat conservation projects that are identified as high
priorities by Partnerships and the Board;
(4) supporting and providing recommendations regarding the
development of science-based monitoring and assessment
approaches for implementation through Partnerships;
(5) supporting and providing recommendations for a national
fish habitat assessment;
(6) ensuring the availability of experts to conduct
scientifically based evaluation and reporting of the results of
fish habitat conservation projects; and
(7) providing resources to secure State agency scientific
and technical assistance to support Partnerships, participants
in fish habitat conservation projects, and the Board.
SEC. 9. CONSERVATION OF FISH HABITAT ON FEDERAL LAND.
To the extent consistent with the mission and authority of the
applicable department or agency, the head of each Federal department
and agency may coordinate with the Assistant Administrator and the
Director to promote healthy fish populations and fish habitats.
SEC. 10. COORDINATION WITH STATES AND INDIAN TRIBES.
The Secretary shall provide a notice to, and cooperate with, the
appropriate State agency or tribal agency, as applicable, of each State
and Indian tribe within the boundaries of which an activity is planned
to be carried out pursuant to this Act, including notification, by not
later than 30 days before the date on which the activity is
implemented.
SEC. 11. ACCOUNTABILITY AND REPORTING.
(a) Reporting.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the Board
shall submit to the appropriate congressional committees a
report describing the progress of--
(A) this Act; and
(B) the National Fish Habitat Action Plan.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an estimate of the number of acres, stream
miles, or acre-feet (or other suitable measure) of fish
habitat that was maintained or improved under the
National Fish Habitat Action Plan by Federal, State, or
local governments, Indian tribes, or other entities in
the United States during the 2-year period ending on
the date of submission of the report;
(B) a description of the public access to fish
habitats established or improved under the National
Fish Habitat Action Plan during that 2-year period;
(C) a description of the opportunities for public
recreational fishing established under the National
Fish Habitat Action Plan during that period; and
(D) an assessment of the status of fish habitat
conservation projects carried out with funds provided
under this Act during that period, disaggregated by
year, including--
(i) a description of the fish habitat
conservation projects recommended by the Board
under section 6(b);
(ii) a description of each fish habitat
conservation project approved by the Secretary
under section 6(f), in order of priority for
funding;
(iii) a justification for--
(I) the approval of each fish
habitat conservation project; and
(II) the order of priority for
funding of each fish habitat
conservation project;
(iv) a justification for any rejection or
reordering of the priority of each fish habitat
conservation project recommended by the Board
under section 6(b) that was based on a factor
other than the criteria described in section
6(c); and
(v) an accounting of expenditures by
Federal, State, or local governments, Indian
tribes, or other entities to carry out fish
habitat conservation projects.
(b) Status and Trends Report.--Not later than December 31, 2015,
and every 5 years thereafter, the Board shall submit to the appropriate
congressional committees a report describing the status of fish
habitats in the United States.
(c) Revisions.--Not later than December 31, 2015, and every 5 years
thereafter, the Board shall revise the goals and other elements of the
National Fish Habitat Action Plan, after consideration of each report
required by subsection (b).
SEC. 12. EFFECT OF ACT.
(a) Water Rights.--Nothing in this Act--
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of this Act regarding water quality or water
quantity.
(b) Authority To Acquire Water Rights or Rights to Property.--In
carrying out section 6(d)(2), only a State, local government, or other
non-Federal entity may acquire, in accordance with applicable State
law, water rights or rights to property pursuant to a fish habitat
conservation projected funded under this Act.
(c) State Authority.--Nothing in this Act--
(1) affects the authority, jurisdiction, or responsibility
of a State to manage, control, or regulate fish and wildlife
under the laws and regulations of the State; or
(2) authorizes the Secretary to control or regulate within
a State the fishing or hunting of fish and wildlife.
(d) Effect on Indian Tribes.--Nothing in this Act abrogates,
abridges, affects, modifies, supersedes, or alters any right of an
Indian tribe recognized by treaty or any other means, including--
(1) an agreement between the Indian tribe and the United
States;
(2) Federal law (including regulations);
(3) an Executive order; or
(4) a judicial decree.
(e) Adjudication of Water Rights.--Nothing in this Act diminishes
or affects the ability of the Secretary to join an adjudication of
rights to the use of water pursuant to subsection (a), (b), or (c) of
section 208 of the Department of Justice Appropriation Act, 1953 (43
U.S.C. 666).
(f) Department of Commerce Authority.--Nothing in this Act affects
the authority, jurisdiction, or responsibility of the Department of
Commerce to manage, control, or regulate fish or fish habitats under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(g) Effect on Other Authorities.--
(1) Private property protection.--Nothing in this Act
permits the use of funds made available to carry out this Act
to acquire real property or a real property interest without
the written consent of each owner of the real property or real
property interest.
(2) Mitigation.--Nothing in this Act permits the use of
funds made available to carry out this Act for fish and
wildlife mitigation purposes under--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(B) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(C) the Water Resources Development Act of 1986
(Public Law 99-662; 100 Stat. 4082); or
(D) any other Federal law or court settlement.
(3) Clean water act.--Nothing in this Act affects or alters
any provision of the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), including any definition in that Act.
SEC. 13. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to--
(1) the Board; or
(2) any Partnership.
SEC. 14. FUNDING.
(a) Authorization of Appropriations.--
(1) Fish habitat conservation projects.--There is
authorized to be appropriated to the Secretary $7,200,000 for
each of fiscal years 2014 through 2018 to provide funds for
fish habitat conservation projects approved under section 6(f),
of which 5 percent shall be made available for each fiscal year
for projects carried out by Indian tribes.
(2) National fish habitat conservation partnership
program.--
(A) In general.--There is authorized to be
appropriated to the Secretary for each of fiscal years
2014 through 2018 for the National Fish Habitat
Conservation Partnership Program, and to carry out
section 11, an amount equal to 5 percent of the amount
appropriated for the applicable fiscal year pursuant to
paragraph (1).
(B) Required transfers.--The Secretary shall
annually transfer to other Federal departments and
agencies such percentage of the amounts made available
pursuant to subparagraph (A) as is required to support
participation by those departments and agencies in the
National Fish Habitat Conservation Partnership Program
pursuant to the interagency operational plan under
section 7(c).
(3) Technical and scientific assistance.--There are
authorized to be appropriated for each of fiscal years 2014
through 2018 to carry out, and provide technical and scientific
assistance under, section 8--
(A) $500,000 to the Secretary for use by the United
States Fish and Wildlife Service;
(B) $500,000 to the Assistant Administrator for use
by the National Oceanic and Atmospheric Administration;
and
(C) $500,000 to the Secretary for use by the United
States Geological Survey.
(4) Planning and administrative expenses.--There is
authorized to be appropriated to the Secretary for each of
fiscal years 2014 through 2018 for use by the Board, the
Director, and the Assistant Administrator for planning and
administrative expenses an amount equal to 3 percent of the
amount appropriated for the applicable fiscal year pursuant to
paragraph (1).
(b) Agreements and Grants.--The Secretary may--
(1) on the recommendation of the Board, and notwithstanding
sections 6304 and 6305 of title 31, United States Code, and the
Federal Financial Assistance Management Improvement Act of 1999
(31 U.S.C. 6101 note; Public Law 106-107), enter into a grant
agreement, cooperative agreement, or contract with a
Partnership or other entity for a fish habitat conservation
project or restoration or enhancement project;
(2) apply for, accept, and use a grant from any individual
or entity to carry out the purposes of this Act; and
(3) make funds available to any Federal department or
agency for use by that department or agency to provide grants
for any fish habitat protection project, restoration project,
or enhancement project that the Secretary determines to be
consistent with this Act.
(c) Donations.--
(1) In general.--The Secretary may--
(A) enter into an agreement with any organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under section
501(a) of that Code to solicit private donations to
carry out the purposes of this Act; and
(B) accept donations of funds, property, and
services to carry out the purposes of this Act.
(2) Treatment.--A donation accepted under this section--
(A) shall be considered to be a gift or bequest to,
or otherwise for the use of, the United States; and
(B) may be--
(i) used directly by the Secretary; or
(ii) provided to another Federal department
or agency through an interagency agreement.
Calendar No. 424
113th CONGRESS
2d Session
S. 2080
[Report No. 113-192]
_______________________________________________________________________
A BILL
To conserve fish and aquatic communities in the United States through
partnerships that foster fish habitat conservation, improve the quality
of life for the people of the United States, enhance fish and wildlife-
dependent recreation, and for other purposes.
_______________________________________________________________________
June 5, 2014
Reported without amendment