(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
National Fish Habitat Conservation Act - (Sec. 4) Establishes the National Fish Habitat Board to: (1) promote, oversee, and coordinate the implementation of this Act and the National Fish Habitat Action Plan; (2) establish national goals and priorities for aquatic habitat conservation; (3) designate Fish Habitat Partnerships; and (4) review and make recommendations regarding fish habitat conservation projects.
(Sec. 5) Permits the Board to designate such Partnerships in order to: (1) coordinate the implementation of the National Fish Habitat Action Plan at a regional level, (2) identify strategic priorities for fish habitat conservation, (3) recommend to the Board fish habitat conservation projects that address a strategic priority of the Board, and (4) develop and carry out fish habitat conservation projects.
Establishes Partnership approval criteria, including that a Partnership: (1) include representatives of a diverse group of public and private partners focused on conservation of aquatic habitats to achieve results across jurisdictional boundaries and public and private land, and (2) is able to address issues and priorities on a nationally significant scale.
(Sec. 6) Requires each Partnership to annually submit to the Board a list of fish habitat conservation projects recommended by the Partnership for annual funding under this Act.
Prohibits a fish habitat conservation project from being recommended by the Board unless at least 50% of the cost will be funded with non-federal funds, except that: (1) federal funds may be used for payment of 100% of the costs of such a project located on federal land or water, and (2) any funds made available to an Indian tribe under this Act may be considered non-federal funds.
(Sec. 7) Requires the Director of the U.S. Fish and Wildlife Service to establish the National Fish Habitat Conservation Partnership Office within the Service which shall: (1) provide funding for the operational needs of the Partnerships, (2) provide funding to support the detail of state and tribal fish and wildlife staff to the Office, (3) facilitate the cooperative development and approval of Partnerships, (4) assist the Secretary of the Interior, (5) facilitate efficient operations for the benefit of Partnerships and the Board, (6) facilitate the consideration of fish habitat conservation projects by the Board, (7) provide support to the Director regarding the development and implementation of the interagency operational plan, (8) coordinate technical and scientific reporting, (9) facilitate the efficient use of resources and activities of federal departments and agencies to carry out this Act, and (10) provide support to the Board for national communication and outreach efforts that promote public awareness of fish habitat conservation.
Requires the Director to develop an interagency operational plan for the National Fish Habitat Conservation Partnership Office that describes: (1) the needs of the Office, and (2) any interagency agreements between or among federal departments and agencies to address those needs.
(Sec. 8) Requires the Director to provide scientific and technical assistance to the Partnerships, participants in fish habitat conservation projects, and the Board.
(Sec. 9) Requires, to the extent consistent with the mission and authority of the applicable agency, the head of each federal agency responsible for acquiring, managing, or disposing of federal land or water to cooperate with the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration (NOAA) and the Director to conserve the aquatic habitats for fish and other aquatic organisms within such areas.
(Sec. 10) Requires the Secretary to provide a notice to, and coordinate with, the appropriate state agency or tribal agency within the boundaries of which an activity is planned to be carried out pursuant to this Act.
(Sec. 11) Sets forth accountability and reporting requirements.
(Sec. 13) Sets forth provisions stating the effect of this Act on water rights, states, and Indian tribes.
Prohibits this Act from permitting the use of funds made available to carry out this Act for fish and wildlife mitigation purposes under: (1) the Federal Water Pollution Control Act (commonly known as the Clean Water Act), (2) the Fish and Wildlife Coordination Act, (3) the Water Resources Development Act of 1986, or (4) any other federal law or court settlement.
(Sec. 15) Authorizes appropriations for FY2012-FY2016.
Sets forth provisions permitting agreements and grants, and the acceptance of donations, for purposes of carrying out this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1201 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1201
To conserve fish and aquatic communities in the United States through
partnerships that foster fish habitat conservation, to improve the
quality of life for the people of the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2011
Mr. Lieberman (for himself, Mr. Crapo, Mr. Tester, Mr. Bingaman, Ms.
Murkowski, Mr. Whitehouse, Mr. Begich, Mr. Cardin, and Mr. Udall of
Colorado) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To conserve fish and aquatic communities in the United States through
partnerships that foster fish habitat conservation, to improve the
quality of life for the people of the United States, and for other
purposes.
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 Office.
Sec. 8. Technical and scientific assistance.
Sec. 9. Conservation of aquatic habitat for fish and other aquatic
organisms on Federal land.
Sec. 10. Coordination with States and Indian tribes.
Sec. 11. Accountability and reporting.
Sec. 12. Regulations.
Sec. 13. Effect of Act.
Sec. 14. Nonapplicability of Federal Advisory Committee Act.
Sec. 15. Funding.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) healthy populations of fish and other aquatic organisms
depend on the conservation, protection, restoration, and
enhancement of aquatic habitats in the United States;
(2) aquatic habitats (including wetlands, streams, rivers,
lakes, estuaries, coastal and marine ecosystems, and associated
riparian upland habitats that buffer those areas from external
factors) 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 aquatic habitat resources of
the United States are of enormous significance to the economy
of the United States, providing--
(A) recreation for 44,000,000 anglers;
(B) more than 1,000,000 jobs and approximately
$125,000,000,000 in economic impact each year relating
to recreational fishing; and
(C) approximately 500,000 jobs and an additional
$35,000,000,000 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 aquatic habitats;
(5) certain fish species are considered to be ecological
indicators of aquatic habitat quality, such that the presence
of those species in an aquatic ecosystem reflects high-quality
habitat for other fish;
(6) loss and degradation of aquatic 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 and other aquatic organisms has not been fully realized,
despite federally funded fish and wildlife restoration programs
and other activities intended to conserve aquatic resources;
and
(B) that 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 aquatic habitats to
ensure perpetuation of populations of fish and other aquatic
organisms;
(9) the United States can achieve significant progress
toward providing aquatic habitats for the conservation and
restoration of fish and other aquatic organisms 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
aquatic habitats and ecosystems;
(11) the Federal Government has numerous regulatory and
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 aquatic 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 aquatic habitats in the
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 protect and maintain intact and healthy aquatic
habitats;
(2) to prevent further degradation of aquatic habitats that
have been adversely affected;
(3) to reverse declines in the quality and quantity of
aquatic habitats to improve the overall health of fish and
other aquatic organisms;
(4) to increase the quality and quantity of aquatic
habitats that support a broad natural diversity of fish and
other aquatic species;
(5) to improve fisheries habitat in a manner that leads to
improvement of the annual economic output from recreational,
subsistence, and commercial fishing;
(6) to ensure coordination and facilitation of 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) Aquatic habitat.--
(A) In general.--The term ``aquatic habitat'' means
any area on which an aquatic organism depends, directly
or indirectly, to carry out the life processes of the
organism, including an area used by the organism for
spawning, incubation, nursery, rearing, growth to
maturity, food supply, or migration.
(B) Inclusions.--The term ``aquatic habitat''
includes an area adjacent to an aquatic environment, if
the adjacent area--
(i) contributes an element, such as the
input of detrital material or the promotion of
a planktonic or insect population providing
food, that makes fish life possible;
(ii) protects the quality and quantity of
water sources;
(iii) provides public access for the use of
fishery resources; or
(iv) serves as a buffer protecting the
aquatic environment.
(3) Assistant administrator.--The term ``Assistant
Administrator'' means the Assistant Administrator for Fisheries
of the National Oceanic and Atmospheric Administration.
(4) Board.--The term ``Board'' means the National Fish
Habitat Board established by section 4(a)(1).
(5) Conservation; conserve; manage; management.--The terms
``conservation'', ``conserve'', ``manage'', and ``management''
mean to protect, sustain, and, where appropriate, 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 regulated taking)--
(A) a healthy population of fish, wildlife, or
plant life;
(B) a habitat required to sustain fish, wildlife,
or plant life; or
(C) a habitat required to sustain fish, wildlife,
or plant life productivity.
(6) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(7) 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).
(8) 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 an aquatic 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 Office or any other agency to
facilitate the development of strategies and
priorities for the conservation of aquatic
habitats; or
(ii) the obtaining of a real property
interest in land or water, 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.
(9) 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).
(10) 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.
(11) Partnership.--The term ``Partnership'' means an entity
designated by the Board as a Fish Habitat Conservation
Partnership pursuant to section 5(a).
(12) 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.
(13) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(14) 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 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) In general.--There is established a board, to be known
as the ``National Fish Habitat Board''--
(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
aquatic habitat conservation;
(C) to designate Partnerships; and
(D) to review and make recommendations regarding
fish habitat conservation projects.
(2) Membership.--The Board shall be composed of 27 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 American
Fisheries Society;
(J) 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;
(K) 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);
(L) 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;
(M) 1 shall be a representative of the Sportfishing
and Boating Partnership Council; and
(N) 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 shall 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 (N) 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) through (I) and
(K) through (N) 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 (J) of subsection (a)(2).
(3) Transitional terms.--Of the members described in
subsection (a)(2)(N) 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 any of subparagraphs (H) through (I) or
(K) through (N) 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 (J) of
subsection (a)(2), the Secretary shall recommend to the
Board 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 (N) 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 present and voting;
(C) procedures for establishing national goals and
priorities for aquatic 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 Designate.--The Board may 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) includes representatives of a diverse group of public
and private partners, including Federal, State, or local
governments, nonprofit entities, Indian tribes, and private
individuals, that are focused on conservation of aquatic
habitats to achieve results across jurisdictional boundaries on
public and private land;
(2) is organized to promote the health of important aquatic
habitats and distinct geographical areas, keystone fish
species, or system types, including reservoirs, natural lakes,
coastal and marine environments, and estuaries;
(3) identifies strategic fish and aquatic 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
causes of system decline in fish populations, rather than
simply treating symptoms in accordance with the National Fish
Habitat Action Plan; and
(7) ensures 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 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;
(iv) advances the conservation of fish and
wildlife species that are listed, or are
candidates to be listed, as threatened species
or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
(v) where appropriate, advances the
conservation of fish and fish habitats under
the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.) and other relevant Federal law and State
wildlife action plans; and
(vi) promotes resilience such that desired
biological communities are able to persist and
adapt to environmental stressors such as
climate change; 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; and
(C) to require the submission to the Board of a
report describing the findings of the assessment.
(2) Acquisition of real property interests.--
(A) In general.--No fish habitat conservation
project that will result in the acquisition by the
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, public agency,
or other non-Federal entity unless the State,
agency, or other non-Federal entity is
obligated to undertake the management of the
property being acquired in accordance with the
purposes of this Act.
(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 that
ensure that the interest will be administered
for the long-term conservation and management
of the aquatic ecosystem and the fish and
wildlife dependent on that ecosystem.
(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), 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 the Secretary, or the Secretary and the
Secretary of Commerce jointly, approves a fish habitat
conservation project under paragraph (1), the Secretary, or the
Secretary and the Secretary of Commerce jointly, 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, or the Secretary and
the Secretary of Commerce jointly, rejects or reorders the
priority of any fish habitat conservation project recommended
by the Board under subsection (b), the Secretary, or the
Secretary and the Secretary of Commerce jointly, shall provide
to the Board and the appropriate Partnership a written
statement of the reasons that the Secretary, or the Secretary
and the Secretary of Commerce jointly, rejected or modified the
priority of the fish habitat conservation project.
(4) Limitation.--If the Secretary, or the Secretary and the
Secretary of Commerce jointly, has not approved, rejected, or
reordered the priority of the recommendations of the Board for
fish habitat conservation projects by the date that is 180 days
after the date of receipt of the recommendations, the
recommendations shall be considered to be approved.
SEC. 7. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish an office, to be
known as the ``National Fish Habitat Conservation Partnership Office'',
within the United States Fish and Wildlife Service.
(b) Functions.--The National Fish Habitat Conservation Partnership
Office 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 Office;
(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 Office that describes--
(1) the functional, operational, technical, scientific, and
general staff, administrative, and material needs of the
Office; 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 Office, subject to the availability of funds under
section 15.
(2) States and indian tribes.--Each State and Indian tribe
is encouraged to provide staff to support the National Fish
Habitat Conservation Partnership Office.
(3) Detailees and contractors.--The National Fish Habitat
Conservation Partnership Office 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 Office shall include members with
education and experience relating to the principles of fish,
wildlife, and aquatic habitat conservation.
(5) Waiver of requirement.--The Secretary may waive all or
part of the non-Federal contribution requirement under section
6(e)(1) if the Secretary determines that--
(A) no reasonable means are available through which
the affected applicant can meet the requirement; and
(B) the probable benefit of the relevant fish
habitat conservation project outweighs the public
interest in meeting the requirement.
(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 Office.
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; and
(6) ensuring the availability of experts to conduct
scientifically based evaluation and reporting of the results of
fish habitat conservation projects.
SEC. 9. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER AQUATIC
ORGANISMS 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 responsible for acquiring, managing, or disposing of Federal
land or water shall cooperate with the Assistant Administrator and the
Director to conserve the aquatic habitats for fish and other aquatic
organisms within the land and water of the department or agency.
SEC. 10. COORDINATION WITH STATES AND INDIAN TRIBES.
The Secretary shall provide a notice to, and coordinate 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 by not later than 30 days before
the date on which the activity is implemented.
SEC. 11. ACCOUNTABILITY AND REPORTING.
(a) Implementation Reports.--
(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 implementation 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
aquatic habitat that was protected, restored, or
enhanced 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 aquatic
habitats protected, restored, or established under the
National Fish Habitat Action Plan during that 2-year
period;
(C) a description of the opportunities for public
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, 2012,
and every 5 years thereafter, the Board shall submit to the appropriate
congressional committees a report describing the status of aquatic
habitats in the United States.
(c) Revisions.--Not later than December 31, 2013, 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. REGULATIONS.
The Secretary may promulgate such regulations as the Secretary
determines to be necessary to carry out this Act.
SEC. 13. 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 the Act regarding water quality or water
quantity.
(b) 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.
(c) 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.
(d) 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).
(e) Effect on Other Authorities.--
(1) Acquisition of land and water.--Nothing in this Act
alters or otherwise affects the authorities, responsibilities,
obligations, or powers of the Secretary to acquire land, water,
or an interest in land or water under any other provision of
law.
(2) 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.
(3) 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.
SEC. 14. 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. 15. 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 2012 through 2016 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
office.--
(A) In general.--There is authorized to be
appropriated to the Secretary for each of fiscal years
2012 through 2016 for the National Fish Habitat
Conservation Partnership Office, 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 Office
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 2012
through 2016 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 2012 through 2016 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3822)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S3823-3827)
Committee on Environment and Public Works. Ordered to be reported without amendment favorably.
Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 112-187.
Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 112-187.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 455.
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