FISH Act

Summary: Fundamentally Improving Salmon Habitat Act or the FISH Act - Amends the Water Resources Development Act of 2000 to revise requirements for studies and ecosystem restoration projects for the lower Columbia River and Tillamook Bay estuaries, Oregon and Washington. Directs the Secretary of the Interior to: (1) conduct studies and ecosystem restoration projects with total costs of $2 million or greater per project (designated as &quot;large projects&quot;); and (2) provide grants to the Lower Columbia Estuary Partnership, the Lower Columbia Fish Recovery Board, and the Tillamook Estuaries Partnership to conduct projects with total costs of less than $2 million per project (&quot;small projects&quot;). Revises and adds requirements relating to administration of such projects, including the provision of technical assistance to entities carrying out small projects, the determination of priority for large and small projects, and the allocation of funding for small projects.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fundamentally Improving Salmon 
Habitat Act'' or the ``FISH Act''.

SEC. 2. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM RESTORATION, 
              OREGON AND WASHINGTON.

    Section 536 of the Water Resources Development Act of 2000 (114 
Stat. 2661) is amended as follows:
            (1) By amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary shall, for the lower Columbia 
River and Tillamook Bay estuaries, Oregon and Washington--
            ``(1) conduct ecosystem restoration projects with total 
        costs of $2,000,000 or greater per project, and studies 
        relating to such projects; and
            ``(2) in accordance with an allocation plan submitted under 
        subsection (h)(1), provide grants for ecosystem restoration 
        projects with total costs of less than $2,000,000 per project--
                    ``(A) in the case of projects for the lower 
                Columbia River estuary, except as provided in 
                subparagraph (B), to the Lower Columbia Estuary 
                Partnership;
                    ``(B) in the case of projects for the lower 
                Columbia River mainstem tributaries in Washington, to 
                the Lower Columbia Fish Recovery Board; and
                    ``(C) in the case of projects for the Tillamook Bay 
                estuary, to the Tillamook Estuaries Partnership.''.
            (2) In subsection (b)--
                    (A) by amending paragraph (1)(A) to read as 
                follows:
                    ``(A) In general.--In carrying out, or providing 
                grants for, ecosystem restoration projects for the 
                lower Columbia River estuary under this section, the 
                Secretary shall use as a guide, or ensure such use of--
                            ``(i) the comprehensive conservation and 
                        management plan developed by the Lower Columbia 
                        Estuary Partnership under section 320 of the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1330); and
                            ``(ii) except in the case of projects for 
                        the lower Columbia River mainstem tributaries, 
                        the lower Columbia River recovery plans 
                        developed under, and the Columbia River estuary 
                        recovery plan module developed pursuant to, 
                        section 4 of the Endangered Species Act (16 
                        U.S.C. 1533).'';
                    (B) in paragraph (1)(B)--
                            (i) by striking ``The Secretary'' and 
                        inserting the following:
                            ``(i) Large projects.--The Secretary'';
                            (ii) by striking ``and the Forest Service'' 
                        and inserting ``the Forest Service, the Lower 
                        Columbia Estuary Partnership, and, as 
                        applicable, the Lower Columbia Fish Recovery 
                        Board''; and
                            (iii) by adding at the end the following:
                            ``(ii) Small projects.--The Secretary shall 
                        ensure that ecosystem restoration projects for 
                        the lower Columbia River estuary carried out by 
                        the Lower Columbia Estuary Partnership or the 
                        Lower Columbia Fish Recovery Board using grants 
                        provided under this section are carried out in 
                        consultation with the Governors of the States 
                        of Oregon and Washington, as applicable, and 
                        the heads of appropriate Indian tribes, the 
                        Environmental Protection Agency, the United 
                        States Fish and Wildlife Service, the National 
                        Marine Fisheries Service, and the Forest 
                        Service.'';
                    (C) by amending paragraph (2)(A) to read as 
                follows:
                    ``(A) In general.--In carrying out, or providing 
                grants for, ecosystem restoration projects for the 
                Tillamook Bay estuary under this section, the Secretary 
                shall use as a guide, or ensure such use of, the 
                comprehensive conservation and management plan 
                developed by the Tillamook Estuaries Partnership under 
                section 320 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1330).''; and
                    (D) in paragraph (2)(B)--
                            (i) by striking ``The Secretary'' and 
                        inserting the following:
                            ``(i) Large projects.--The Secretary'';
                            (ii) by striking ``and the Forest Service'' 
                        and inserting ``the Forest Service, and the 
                        Tillamook Estuaries Partnership''; and
                            (iii) by adding at the end the following:
                            ``(ii) Small projects.--The Secretary shall 
                        ensure that ecosystem restoration projects for 
                        the Tillamook Bay estuary carried out by the 
                        Tillamook Estuaries Partnership using grants 
                        provided under this section are carried out in 
                        consultation with the Governor of the State of 
                        Oregon and the heads of appropriate Indian 
                        tribes, the Environmental Protection Agency, 
                        the United States Fish and Wildlife Service, 
                        the National Marine Fisheries Service, and the 
                        Forest Service.''.
            (3) In subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``In carrying out'' and 
                        inserting the following:
                    ``(A) Large projects.--In carrying out''; and
                            (ii) by adding at the end the following:
                    ``(B) Small projects.--In providing grants to carry 
                out ecosystem restoration projects under this section, 
                the Secretary shall provide funding and technical 
                assistance to each lead entity for activities necessary 
                to protect, monitor, and restore fish and wildlife 
                habitat.'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, or provide grants for,'' 
                        after ``carry out'';
                            (ii) in subparagraph (A)--
                                    (I) by inserting ``fish and 
                                wildlife habitat,'' before 
                                ``navigation''; and
                                    (II) by striking ``; or'' and 
                                inserting a semicolon;
                            (iii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iv) by adding at the end the following:
                    ``(C) drinking water.''; and
                    (C) by adding at the end the following:
            ``(3) Easements.--A project carried out, or for which a 
        grant is provided, under this section may be carried out on 
        private property through the use of an easement.''.
            (4) By amending subsection (d) to read as follows:
    ``(d) Priority.--In determining the priority of projects to be 
carried out under this section--
            ``(1) for projects carried out by the Secretary, the 
        Secretary shall consult with the applicable lead entities, and 
        shall consider the recommendations of such entities; and
            ``(2) the lead entities shall follow priorities set in the 
        comprehensive conservation and management plans and the 
        recovery plans and module described in subsection (b), as 
        applicable.''.
            (5) In subsection (e)--
                    (A) in paragraph (2)(A)--
                            (i) by striking ``Non-Federal interests'' 
                        and inserting the following:
                            ``(i) Large projects.--Non-Federal 
                        interests'';
                            (ii) by inserting ``by the Secretary'' 
                        after ``carried out''; and
                            (iii) by adding at the end the following:
                            ``(ii) Small projects.--The Federal share 
                        of the cost of any project carried out using 
                        funds from a grant provided to a lead entity 
                        under this section--
                                    ``(I) shall not exceed 75 percent 
                                of the total cost of the project; and
                                    ``(II) shall be made on condition 
                                that the non-Federal share of that 
                                total cost shall be provided from non-
                                Federal sources.''; and
                    (B) in paragraphs (3) and (4), by inserting ``by 
                the Secretary, or using funds provided,'' after 
                ``carried out'' each place it appears.
            (6) By redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively, and inserting after subsection (e) 
        the following:
    ``(f) Annual Allocations.--
            ``(1) Allocation plans.--For each fiscal year, the lead 
        entities shall jointly submit to the Secretary a plan to 
        allocate among the lead entities funding available for the 
        fiscal year under subsection (h)(2)(B).
            ``(2) Reports.--Each lead entity shall report annually to 
        the Secretary on the use of funds provided to the entity by a 
        grant under this section.''.
            (7) In subsection (g) (as redesignated by paragraph (6))--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (4), respectively;
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) Lead entity.--The term `lead entity' means the Lower 
        Columbia Estuary Partnership, the Tillamook Estuaries 
        Partnership, or the Lower Columbia Fish Recovery Board.''; and
                    (C) by inserting after paragraph (2) (as so 
                redesignated) the following:
            ``(3) Lower columbia river mainstem tributaries.--The term 
        `lower Columbia River mainstem tributaries' means those 
        mainstem tributaries, exclusive of sub-tributaries, of the 
        Columbia River west of Bonneville Dam.''.
            (8) In subsection (h) (as redesignated by paragraph (6))--
                    (A) by striking ``There is authorized'' and 
                inserting the following:
            ``(1) In general.--There is authorized''; and
                    (B) by adding at the end the following:
            ``(2) Project funding ratio.--Of the funds appropriated 
        under this subsection for each fiscal year, beginning on the 
        date of enactment of this paragraph, the Secretary shall use--
                    ``(A) 75 percent for activities described in 
                subsection (a)(1); and
                    ``(B) 25 percent for activities described in 
                subsection (a)(2).''.