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S 1201 IS

112th CONGRESS

1stRSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 1201CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

June 15, 2011CommentsClose CommentsPermalink

Mr. LIEBERMAN (for himself, Mr. CRAPO, Mr. TESTER, Mr. BINGAMAN, Ms. MURKOWSKI, Mr. WHITEHOUSE, Mr. BEGICH, Mr. CARDIN, and Mr. UDALL of Colorado, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘National Fish Habitat Conservation Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings; purpose.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. National Fish Habitat Board.CommentsClose CommentsPermalink





Sec. 5. Fish habitat partnerships.CommentsClose CommentsPermalink





Sec. 6. Fish habitat conservation projects.CommentsClose CommentsPermalink





Sec. 7. National Fish Habitat Conservation Partnership Office.CommentsClose CommentsPermalink





Sec. 8. Technical and scientific assistance.CommentsClose CommentsPermalink





Sec. 9. Conservation of aquatic habitat for fish and other aquatic organisms on Federal land.CommentsClose CommentsPermalink





Sec. 10. Coordination with States and Indian tribes.CommentsClose CommentsPermalink





Sec. 11. Accountability and reporting.CommentsClose CommentsPermalink





Sec. 12. Regulations.CommentsClose CommentsPermalink





Sec. 13. Effect of Act.CommentsClose CommentsPermalink





Sec. 14. Nonapplicability of Federal Advisory Committee Act.CommentsClose CommentsPermalink





Sec. 15. Funding.CommentsClose CommentsPermalink

SEC. 2. FINDINGS; PURPOSE.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) healthy populations of fish and other aquatic organisms depend on the conservation, protection, restoration, and enhancement of aquatic habitats in the United States;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) the extensive and diverse aquatic habitat resources of the United States are of enormous significance to the economy of the United States, providing--CommentsClose CommentsPermalink





(A) recreation for 44,000,000 anglers;CommentsClose CommentsPermalink





(B) more than 1,000,000 jobs and approximately $125,000,000,000 in economic impact each year relating to recreational fishing; andCommentsClose CommentsPermalink





(C) approximately 500,000 jobs and an additional $35,000,000,000 in economic impact each year relating to commercial fishing;CommentsClose CommentsPermalink





(4) at least 40 percent of all threatened species and endangered species in the United States are directly dependent on aquatic habitats;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) caused significant declines in fish populations throughout the United States, especially declines in native fish populations; andCommentsClose CommentsPermalink





(B) resulted in economic losses to the United States;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the United States Fish and Wildlife Service;CommentsClose CommentsPermalink





(B) the Bureau of Land Management;CommentsClose CommentsPermalink





(C) the National Park Service;CommentsClose CommentsPermalink





(D) the Bureau of Reclamation;CommentsClose CommentsPermalink





(E) the Bureau of Indian Affairs;CommentsClose CommentsPermalink





(F) the National Marine Fisheries Service;CommentsClose CommentsPermalink





(G) the Forest Service;CommentsClose CommentsPermalink





(H) the Natural Resources Conservation Service; andCommentsClose CommentsPermalink





(I) the Environmental Protection Agency;CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the protection, restoration, and enhancement of the fish communities and aquatic habitats in the United States; andCommentsClose CommentsPermalink





(B) the development, operation, and long-term success of fish habitat partnerships and project implementation;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(14) the State and territorial fish and wildlife agencies play a vital role in--CommentsClose CommentsPermalink





(A) the protection, restoration, and enhancement of the fish communities and aquatic habitats in the respective States and territories; andCommentsClose CommentsPermalink





(B) the development, operation, and long-term success of fish habitat partnerships and project implementation; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) to protect and maintain intact and healthy aquatic habitats;CommentsClose CommentsPermalink





(2) to prevent further degradation of aquatic habitats that have been adversely affected;CommentsClose CommentsPermalink





(3) to reverse declines in the quality and quantity of aquatic habitats to improve the overall health of fish and other aquatic organisms;CommentsClose CommentsPermalink





(4) to increase the quality and quantity of aquatic habitats that support a broad natural diversity of fish and other aquatic species;CommentsClose CommentsPermalink





(5) to improve fisheries habitat in a manner that leads to improvement of the annual economic output from recreational, subsistence, and commercial fishing;CommentsClose CommentsPermalink





(6) to ensure coordination and facilitation of activities carried out by Federal departments and agencies under the leadership of--CommentsClose CommentsPermalink





(A) the Director of the United States Fish and Wildlife Service;CommentsClose CommentsPermalink





(B) the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





(C) the Director of the United States Geological Survey; andCommentsClose CommentsPermalink





(7) to achieve other purposes in accordance with the mission and goals of the National Fish Habitat Action Plan.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(A) the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink





(2) AQUATIC HABITAT-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘aquatic habitat’ includes an area adjacent to an aquatic environment, if the adjacent area--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(ii) protects the quality and quantity of water sources;CommentsClose CommentsPermalink





(iii) provides public access for the use of fishery resources; orCommentsClose CommentsPermalink





(iv) serves as a buffer protecting the aquatic environment.CommentsClose CommentsPermalink





(3) ASSISTANT ADMINISTRATOR- The term ‘Assistant Administrator’ means the Assistant Administrator for Fisheries of the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink





(4) BOARD- The term ‘Board’ means the National Fish Habitat Board established by section 4(a)(1).CommentsClose CommentsPermalink





(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)--CommentsClose CommentsPermalink





(A) a healthy population of fish, wildlife, or plant life;CommentsClose CommentsPermalink





(B) a habitat required to sustain fish, wildlife, or plant life; orCommentsClose CommentsPermalink





(C) a habitat required to sustain fish, wildlife, or plant life productivity.CommentsClose CommentsPermalink





(6) DIRECTOR- The term ‘Director’ means the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink





(7) FISH-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘fish’ means any freshwater, diadromous, estuarine, or marine finfish or shellfish.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘fish’ includes the egg, spawn, spat, larval, and other juvenile stages of an organism described in subparagraph (A).CommentsClose CommentsPermalink





(8) FISH HABITAT CONSERVATION PROJECT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘fish habitat conservation project’ means a project that--CommentsClose CommentsPermalink





(i) is submitted to the Board by a Partnership and approved by the Secretary under section 6; andCommentsClose CommentsPermalink





(ii) provides for the conservation or management of an aquatic habitat.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘fish habitat conservation project’ includes--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(I) the land or water; andCommentsClose CommentsPermalink





(II) the fish dependent on the land or water.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(11) PARTNERSHIP- The term ‘Partnership’ means an entity designated by the Board as a Fish Habitat Conservation Partnership pursuant to section 5(a).CommentsClose CommentsPermalink





(12) REAL PROPERTY INTEREST- The term ‘real property interest’ means an ownership interest in--CommentsClose CommentsPermalink





(A) land;CommentsClose CommentsPermalink





(B) water (including water rights); orCommentsClose CommentsPermalink





(C) a building or object that is permanently affixed to land.CommentsClose CommentsPermalink





(13) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(14) STATE AGENCY- The term ‘State agency’ means--CommentsClose CommentsPermalink





(A) the fish and wildlife agency of a State;CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 4. NATIONAL FISH HABITAT BOARD.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established a board, to be known as the ‘National Fish Habitat Board’--CommentsClose CommentsPermalink





(A) to promote, oversee, and coordinate the implementation of this Act and the National Fish Habitat Action Plan;CommentsClose CommentsPermalink





(B) to establish national goals and priorities for aquatic habitat conservation;CommentsClose CommentsPermalink





(C) to designate Partnerships; andCommentsClose CommentsPermalink





(D) to review and make recommendations regarding fish habitat conservation projects.CommentsClose CommentsPermalink





(2) MEMBERSHIP- The Board shall be composed of 27 members, of whom--CommentsClose CommentsPermalink





(A) 1 shall be the Director;CommentsClose CommentsPermalink





(B) 1 shall be the Assistant Administrator;CommentsClose CommentsPermalink





(C) 1 shall be the Chief of the Natural Resources Conservation Service;CommentsClose CommentsPermalink





(D) 1 shall be the Chief of the Forest Service;CommentsClose CommentsPermalink





(E) 1 shall be the Assistant Administrator for Water of the Environmental Protection Agency;CommentsClose CommentsPermalink





(F) 1 shall be the President of the Association of Fish and Wildlife Agencies;CommentsClose CommentsPermalink





(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));CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(I) 1 shall be a representative of the American Fisheries Society;CommentsClose CommentsPermalink





(J) 2 shall be representatives of Indian tribes, of whom--CommentsClose CommentsPermalink





(i) 1 shall represent Indian tribes from the State of Alaska; andCommentsClose CommentsPermalink





(ii) 1 shall represent Indian tribes from the other States;CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(L) 1 shall be a representative of the Marine Fisheries Commissions, which is composed of--CommentsClose CommentsPermalink





(i) the Atlantic States Marine Fisheries Commission;CommentsClose CommentsPermalink





(ii) the Gulf States Marine Fisheries Commission; andCommentsClose CommentsPermalink





(iii) the Pacific States Marine Fisheries Commission;CommentsClose CommentsPermalink





(M) 1 shall be a representative of the Sportfishing and Boating Partnership Council; andCommentsClose CommentsPermalink





(N) 10 shall be representatives selected from each of the following groups:CommentsClose CommentsPermalink





(i) The recreational sportfishing industry.CommentsClose CommentsPermalink





(ii) The commercial fishing industry.CommentsClose CommentsPermalink





(iii) Marine recreational anglers.CommentsClose CommentsPermalink





(iv) Freshwater recreational anglers.CommentsClose CommentsPermalink





(v) Terrestrial resource conservation organizations.CommentsClose CommentsPermalink





(vi) Aquatic resource conservation organizations.CommentsClose CommentsPermalink





(vii) The livestock and poultry production industry.CommentsClose CommentsPermalink





(viii) The land development industry.CommentsClose CommentsPermalink





(ix) The row crop industry.CommentsClose CommentsPermalink





(x) Natural resource commodity interests, such as petroleum or mineral extraction.CommentsClose CommentsPermalink





(3) COMPENSATION- A member of the Board shall serve without compensation.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Appointment and Terms-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) INITIAL BOARD MEMBERSHIP-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) TRANSITIONAL TERMS- Of the members described in subsection (a)(2)(N) initially appointed to the Board--CommentsClose CommentsPermalink





(A) 4 shall be appointed for a term of 1 year;CommentsClose CommentsPermalink





(B) 4 shall be appointed for a term of 2 years; andCommentsClose CommentsPermalink





(C) 3 shall be appointed for a term of 3 years.CommentsClose CommentsPermalink





(4) VACANCIES-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) vote to remove that member; andCommentsClose CommentsPermalink





(B) appoint another individual in accordance with paragraph (4).CommentsClose CommentsPermalink





(c) Chairperson-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall elect a member of the Board to serve as Chairperson of the Board.CommentsClose CommentsPermalink





(2) TERM- The Chairperson of the Board shall serve for a term of 3 years.CommentsClose CommentsPermalink





(d) Meetings-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall meet--CommentsClose CommentsPermalink





(A) at the call of the Chairperson; butCommentsClose CommentsPermalink





(B) not less frequently than twice each calendar year.CommentsClose CommentsPermalink





(2) PUBLIC ACCESS- All meetings of the Board shall be open to the public.CommentsClose CommentsPermalink





(e) Procedures-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall establish procedures to carry out the business of the Board, including--CommentsClose CommentsPermalink





(A) a requirement that a quorum of the members of the Board be present to transact business;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) procedures for establishing national goals and priorities for aquatic habitat conservation for the purposes of this Act;CommentsClose CommentsPermalink





(D) procedures for designating Partnerships under section 5; andCommentsClose CommentsPermalink





(E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects.CommentsClose CommentsPermalink





(2) QUORUM- A majority of the members of the Board shall constitute a quorum.CommentsClose CommentsPermalink

SEC. 5. FISH HABITAT PARTNERSHIPS.

(a) Authority To Designate- The Board may designate Fish Habitat Partnerships in accordance with this section.CommentsClose CommentsPermalink





(b) Purposes- The purposes of a Partnership shall be--CommentsClose CommentsPermalink





(1) to coordinate the implementation of the National Fish Habitat Action Plan at a regional level;CommentsClose CommentsPermalink





(2) to identify strategic priorities for fish habitat conservation;CommentsClose CommentsPermalink





(3) to recommend to the Board fish habitat conservation projects that address a strategic priority of the Board; andCommentsClose CommentsPermalink





(4) to develop and carry out fish habitat conservation projects.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Approval- The Board may approve an application for a Partnership submitted under subsection (c) if the Board determines that the applicant--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) is able to address issues and priorities on a nationally significant scale;CommentsClose CommentsPermalink





(5) includes a governance structure that--CommentsClose CommentsPermalink





(A) reflects the range of all partners; andCommentsClose CommentsPermalink





(B) promotes joint strategic planning and decisionmaking by the applicant;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(7) ensures collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Considerations- The Board shall select each fish habitat conservation project to be recommended to the Secretary under subsection (b)--CommentsClose CommentsPermalink





(1) based on a recommendation of the Partnership that is, or will be, participating actively in carrying out the fish habitat conservation project; andCommentsClose CommentsPermalink





(2) after taking into consideration--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) the extent to which the fish habitat conservation project addresses the national priorities established by the Board;CommentsClose CommentsPermalink





(C) the availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e);CommentsClose CommentsPermalink





(D) the extent to which the fish habitat conservation project--CommentsClose CommentsPermalink





(i) increases fishing opportunities for the public;CommentsClose CommentsPermalink





(ii) will be carried out through a cooperative agreement among Federal, State, and local governments, Indian tribes, and private entities;CommentsClose CommentsPermalink





(iii) increases public access to land or water;CommentsClose CommentsPermalink





(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.);CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(vi) promotes resilience such that desired biological communities are able to persist and adapt to environmental stressors such as climate change; andCommentsClose CommentsPermalink





(E) the substantiality of the character and design of the fish habitat conservation project.CommentsClose CommentsPermalink





(d) Limitations-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement activities carried out using the assistance;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) to require the submission to the Board of a report describing the findings of the assessment.CommentsClose CommentsPermalink





(2) ACQUISITION OF REAL PROPERTY INTERESTS-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(B) REQUIREMENTS-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) Non-Federal Contributions-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) NON-FEDERAL SHARE- The non-Federal share of the cost of a fish habitat conservation project--CommentsClose CommentsPermalink





(A) may not be derived from a Federal grant program; butCommentsClose CommentsPermalink





(B) may include in-kind contributions and cash.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(f) Approval-CommentsClose CommentsPermalink





(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)--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Functions- The National Fish Habitat Conservation Partnership Office shall--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) provide funding to support the detail of State and tribal fish and wildlife staff to the Office;CommentsClose CommentsPermalink





(3) facilitate the cooperative development and approval of Partnerships;CommentsClose CommentsPermalink





(4) assist the Secretary and the Board in carrying out this Act;CommentsClose CommentsPermalink





(5) assist the Secretary in carrying out the requirements of sections 8 and 10;CommentsClose CommentsPermalink





(6) facilitate communication, cohesiveness, and efficient operations for the benefit of Partnerships and the Board;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(8) provide support to the Director regarding the development and implementation of the interagency operational plan under subsection (c);CommentsClose CommentsPermalink





(9) coordinate technical and scientific reporting as required by section 11;CommentsClose CommentsPermalink





(10) facilitate the efficient use of resources and activities of Federal departments and agencies to carry out this Act in an efficient manner; andCommentsClose CommentsPermalink





(11) provide support to the Board for national communication and outreach efforts that promote public awareness of fish habitat conservation.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the functional, operational, technical, scientific, and general staff, administrative, and material needs of the Office; andCommentsClose CommentsPermalink





(2) any interagency agreements between or among Federal departments and agencies to address those needs.CommentsClose CommentsPermalink





(d) Staff and Support-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) STATES AND INDIAN TRIBES- Each State and Indian tribe is encouraged to provide staff to support the National Fish Habitat Conservation Partnership Office.CommentsClose CommentsPermalink





(3) DETAILEES AND CONTRACTORS- The National Fish Habitat Conservation Partnership Office may accept staff or other administrative support from other entities--CommentsClose CommentsPermalink





(A) through interagency details; orCommentsClose CommentsPermalink





(B) as contractors.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) no reasonable means are available through which the affected applicant can meet the requirement; andCommentsClose CommentsPermalink





(B) the probable benefit of the relevant fish habitat conservation project outweighs the public interest in meeting the requirement.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Inclusions- Scientific and technical assistance provided pursuant to subsection (a) may include--CommentsClose CommentsPermalink





(1) providing technical and scientific assistance to States, Indian tribes, regions, local communities, and nongovernmental organizations in the development and implementation of Partnerships;CommentsClose CommentsPermalink





(2) providing technical and scientific assistance to Partnerships for habitat assessment, strategic planning, and prioritization;CommentsClose CommentsPermalink





(3) supporting the development and implementation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board;CommentsClose CommentsPermalink





(4) supporting and providing recommendations regarding the development of science-based monitoring and assessment approaches for implementation through Partnerships;CommentsClose CommentsPermalink





(5) supporting and providing recommendations for a national fish habitat assessment; andCommentsClose CommentsPermalink





(6) ensuring the availability of experts to conduct scientifically based evaluation and reporting of the results of fish habitat conservation projects.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

SEC. 11. ACCOUNTABILITY AND REPORTING.

(a) Implementation Reports-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) this Act; andCommentsClose CommentsPermalink





(B) the National Fish Habitat Action Plan.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) a description of the opportunities for public fishing established under the National Fish Habitat Action Plan during that period; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) a description of the fish habitat conservation projects recommended by the Board under section 6(b);CommentsClose CommentsPermalink





(ii) a description of each fish habitat conservation project approved by the Secretary under section 6(f), in order of priority for funding;CommentsClose CommentsPermalink





(iii) a justification for--CommentsClose CommentsPermalink





(I) the approval of each fish habitat conservation project; andCommentsClose CommentsPermalink





(II) the order of priority for funding of each fish habitat conservation project;CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(v) an accounting of expenditures by Federal, State, or local governments, Indian tribes, or other entities to carry out fish habitat conservation projects.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 12. REGULATIONS.

The Secretary may promulgate such regulations as the Secretary determines to be necessary to carry out this Act.CommentsClose CommentsPermalink

SEC. 13. EFFECT OF ACT.

(a) Water Rights- Nothing in this Act--CommentsClose CommentsPermalink





(1) establishes any express or implied reserved water right in the United States for any purpose;CommentsClose CommentsPermalink





(2) affects any water right in existence on the date of enactment of this Act;CommentsClose CommentsPermalink





(3) preempts or affects any State water law or interstate compact governing water; orCommentsClose CommentsPermalink





(4) affects any Federal or State law in existence on the date of enactment of the Act regarding water quality or water quantity.CommentsClose CommentsPermalink





(b) State Authority- Nothing in this Act--CommentsClose CommentsPermalink





(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; orCommentsClose CommentsPermalink





(2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) an agreement between the Indian tribe and the United States;CommentsClose CommentsPermalink





(2) Federal law (including regulations);CommentsClose CommentsPermalink





(3) an Executive order; orCommentsClose CommentsPermalink





(4) a judicial decree.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(e) Effect on Other Authorities-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);CommentsClose CommentsPermalink





(B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);CommentsClose CommentsPermalink





(C) the Water Resources Development Act of 1986 (Public Law 99-662; 100 Stat. 4082); orCommentsClose CommentsPermalink





(D) any other Federal law or court settlement.CommentsClose CommentsPermalink

SEC. 14. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--CommentsClose CommentsPermalink





(1) the Board; orCommentsClose CommentsPermalink





(2) any Partnership.CommentsClose CommentsPermalink

SEC. 15. FUNDING.

(a) Authorization of Appropriations-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP OFFICE-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) $500,000 to the Secretary for use by the United States Fish and Wildlife Service;CommentsClose CommentsPermalink





(B) $500,000 to the Assistant Administrator for use by the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





(C) $500,000 to the Secretary for use by the United States Geological Survey.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(b) Agreements and Grants- The Secretary may--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) apply for, accept, and use a grant from any individual or entity to carry out the purposes of this Act; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Donations-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) accept donations of funds, property, and services to carry out the purposes of this Act.CommentsClose CommentsPermalink





(2) TREATMENT- A donation accepted under this section--CommentsClose CommentsPermalink





(A) shall be considered to be a gift or bequest to, or otherwise for the use of, the United States; andCommentsClose CommentsPermalink





(B) may be--CommentsClose CommentsPermalink





(i) used directly by the Secretary; orCommentsClose CommentsPermalink





(ii) provided to another Federal department or agency through an interagency agreement.CommentsClose CommentsPermalink