II 

116TH CONGRESS 

1ST SESSION S. 754 

To encourage partnerships among public agencies and other interested parties 

to promote fish conservation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2019 

Mr. CRAPO (for himself and Mr. CARDIN) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To encourage partnerships among public agencies and other 

interested parties to promote fish conservation, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Fish Habitat 

5 Conservation Act of 2019’’. 


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1 SEC. 2. NATIONAL FISH HABITAT CONSERVATION 

2 THROUGH PARTNERSHIPS. 

3 (a) PURPOSE.—The purpose of this section is to en4 courage partnerships among public agencies and other in5 terested parties to promote fish conservation— 

6 (1) to achieve measurable habitat conservation 

7 results through strategic actions of Fish Habitat 

8 Partnerships that lead to better fish habitat condi9 tions and increased fishing opportunities by— 

10 (A) improving ecological conditions; 

11 (B) restoring natural processes; or 

12 (C) preventing the decline of intact and 

13 healthy systems; 

14 (2) to establish a consensus set of national con15 servation strategies as a framework to guide future 

16 actions and investment by Fish Habitat Partner17 ships; 

18 (3) to broaden the community of support for 

19 fish habitat conservation by— 

20 (A) increasing fishing opportunities; 

21 (B) fostering the participation of local 

22 communities, especially young people in local 

23 communities, in conservation activities; and 

24 (C) raising public awareness of the role 

25 healthy fish habitat play in the quality of life 

26 and economic well-being of local communities; 


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1 (4) to fill gaps in the National Fish Habitat As2 sessment and the associated database of the Na3 tional Fish Habitat Assessment— 

4 (A) to empower strategic conservation ac5 tions supported by broadly available scientific 

6 information; and 

7 (B) to integrate socioeconomic data in the 

8 analysis to improve the lives of humans in a 

9 manner consistent with fish habitat conserva10 tion goals; and 

11 (5) to communicate to the public and conserva12 tion partners— 

13 (A) the conservation outcomes produced 

14 collectively by Fish Habitat Partnerships; and 

15 (B) new opportunities and voluntary ap16 proaches for conserving fish habitat. 

17 (b) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Commerce, Science, 

22 and Transportation and the Committee on En23 vironment and Public Works of the Senate; and 

24 (B) the Committee on Natural Resources 

25 of the House of Representatives. 


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1 (2) BOARD.—The term ‘‘Board’’ means the Na2 tional Fish Habitat Board established by subsection 

3 (c)(1)(A). 

4 (3) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the United States Fish and Wildlife 

6 Service. 

7 (4) EPA ASSISTANT ADMINISTRATOR.—The 

8 term ‘‘EPA Assistant Administrator’’ means the As9 sistant Administrator for Water of the Environ10 mental Protection Agency. 

11 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

12 has the meaning given the term in section 4 of the 

13 Indian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 5304). 

15 (6) NOAA ASSISTANT ADMINISTRATOR.—The 

16 term ‘‘NOAA Assistant Administrator’’ means the 

17 Assistant Administrator for Fisheries of the Na18 tional Oceanic and Atmospheric Administration. 

19 (7) PARTNERSHIP.—The term ‘‘Partnership’’ 

20 means a self-governed entity designated by Congress 

21 as a Fish Habitat Partnership under subsection 

22 (d)(6) after a recommendation by the Board under 

23 subsection (d)(1). 


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1 (8) REAL PROPERTY INTEREST.—The term 

2 ‘‘real property interest’’ means an ownership interest 

3 in— 

4 (A) land; or 

5 (B) water (including water rights). 

6 (9) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (10) STATE.—The term ‘‘State’’ means each of 

9 the several States. 

10 (11) STATE AGENCY.—The term ‘‘State agen11 cy’’ means— 

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

13 and 

14 (B) any department or division of a de15 partment or agency of a State that manages in 

16 the public trust the inland or marine fishery re17 sources or sustains the habitat for those fishery 

18 resources of the State pursuant to State law or 

19 the constitution of the State. 

20 (c) NATIONAL FISH HABITAT BOARD.— 

21 (1) ESTABLISHMENT.— 

22 (A) FISH HABITAT BOARD.—There is es23 tablished a board, to be known as the ‘‘National 

24 Fish Habitat Board’’, whose duties are— 


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1 (i) to promote, oversee, and coordinate 

2 the implementation of this section; 

3 (ii) to establish national goals and pri4 orities for fish habitat conservation; 

5 (iii) to recommend to Congress enti6 ties for designation as Partnerships; and 

7 (iv) to review and make recommenda8 tions regarding fish habitat conservation 

9 projects. 

10 (B) MEMBERSHIP.—The Board shall be 

11 composed of 25 members, of whom— 

12 (i) 1 shall be a representative of the 

13 Department of the Interior; 

14 (ii) 1 shall be a representative of the 

15 United States Geological Survey; 

16 (iii) 1 shall be a representative of the 

17 Department of Commerce; 

18 (iv) 1 shall be a representative of the 

19 Department of Agriculture; 

20 (v) 1 shall be a representative of the 

21 Association of Fish and Wildlife Agencies; 

22 (vi) 4 shall be representatives of State 

23 agencies, 1 of whom shall be nominated by 

24 a regional association of fish and wildlife 

25 agencies from each of the Northeast, 


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1 Southeast, Midwest, and Western regions 

2 of the United States; 

3 (vii) 1 shall be a representative of ei4 ther— 

5 (I) Indian tribes in the State of 

6 Alaska; or 

7 (II) Indian tribes in States other 

8 than the State of Alaska; 

9 (viii) 1 shall be a representative of ei10 ther— 

11 (I) the Regional Fishery Manage12 ment Councils established under sec13 tion 302 of the Magnuson-Stevens 

14 Fishery Conservation and Manage15 ment Act (16 U.S.C. 1852); or 

16 (II) a representative of the Ma17 rine Fisheries Commissions, which is 

18 composed of— 

19 (aa) the Atlantic States Ma20 rine Fisheries Commission; 

21 (bb) the Gulf States Marine 

22 Fisheries Commission; and 

23 (cc) the Pacific States Ma24 rine Fisheries Commission; 


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1 (ix) 1 shall be a representative of the 

2 Sportfishing and Boating Partnership 

3 Council; 

4 (x) 7 shall be representatives selected 

5 from each of— 

6 (I) the recreational sportfishing 

7 industry; 

8 (II) the commercial fishing in9 dustry; 

10 (III) marine recreational anglers; 

11 (IV) freshwater recreational an12 glers; 

13 (V) habitat conservation organi14 zations; and 

15 (VI) science-based fishery organi16 zations; 

17 (xi) 1 shall be a representative of a 

18 national private landowner organization; 

19 (xii) 1 shall be a representative of an 

20 agricultural production organization; 

21 (xiii) 1 shall be a representative of 

22 local government interests involved in fish 

23 habitat restoration; 


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1 (xiv) 2 shall be representatives from 

2 different sectors of corporate industries, 

3 which may include— 

4 (I) natural resource commodity 

5 interests, such as petroleum or min6 eral extraction; 

7 (II) natural resource user indus8 tries; and 

9 (III) industries with an interest 

10 in fish and fish habitat conservation; 

11 and 

12 (xv) 1 shall be a leadership private 

13 sector or landowner representative of an 

14 active partnership. 

15 (C) COMPENSATION.—A member of the 

16 Board shall serve without compensation. 

17 (D) TRAVEL EXPENSES.—A member of the 

18 Board may be allowed travel expenses, includ19 ing per diem in lieu of subsistence, at rates au20 thorized for an employee of an agency under 

21 subchapter I of chapter 57 of title 5, United 

22 States Code, while away from the home or reg23 ular place of business of the member in the per24 formance of the duties of the Board. 

25 (2) APPOINTMENT AND TERMS.— 


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1 (A) IN GENERAL.—Except as otherwise 

2 provided in this subsection, a member of the 

3 Board described in any of clauses (vi) through 

4 (xiv) of paragraph (1)(B) shall serve for a term 

5 of 3 years. 

6 (B) INITIAL BOARD MEMBERSHIP.— 

7 (i) IN GENERAL.—The initial Board 

8 will consist of representatives as described 

9 in clauses (i) through (vi) of paragraph 

10 (1)(B). 

11 (ii) REMAINING MEMBERS.—Not later 

12 than 60 days after the date of enactment 

13 of this Act, the representatives of the ini14 tial Board pursuant to clause (i) shall ap15 point the remaining members of the Board 

16 described in clauses (viii) through (xiv) of 

17 paragraph (1)(B). 

18 (iii) TRIBAL REPRESENTATIVES.—Not 

19 later than 60 days after the enactment of 

20 this Act, the Secretary shall provide to the 

21 Board a recommendation of not fewer than 

22 3 Tribal representatives, from which the 

23 Board shall appoint 1 representative pur24 suant to clause (vii) of paragraph (1)(B). 


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1 (C) TRANSITIONAL TERMS.—Of the mem2 bers described in paragraph (1)(B)(x) initially 

3 appointed to the Board— 

4 (i) 2 shall be appointed for a term of 

5 1 year; 

6 (ii) 2 shall be appointed for a term of 

7 2 years; and 

8 (iii) 3 shall be appointed for a term of 

9 3 years. 

10 (D) VACANCIES.— 

11 (i) IN GENERAL.—A vacancy of a 

12 member of the Board described in any of 

13 clauses (viii) through (xiv) of paragraph 

14 (1)(B) shall be filled by an appointment 

15 made by the remaining members of the 

16 Board. 

17 (ii) TRIBAL REPRESENTATIVES.—Fol18 lowing a vacancy of a member of the 

19 Board described in clause (vii) of para20 graph (1)(B), the Secretary shall rec21 ommend to the Board a list of not fewer 

22 than 3 Tribal representatives, from which 

23 the remaining members of the Board shall 

24 appoint a representative to fill the vacancy. 


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1 (E) CONTINUATION OF SERVICE.—An indi2 vidual whose term of service as a member of the 

3 Board expires may continue to serve on the 

4 Board until a successor is appointed. 

5 (F) REMOVAL.—If a member of the Board 

6 described in any of clauses (viii) through (xiv) 

7 of paragraph (1)(B) misses 3 consecutive regu8 larly scheduled Board meetings, the members of 

9 the Board may— 

10 (i) vote to remove that member; and 

11 (ii) appoint another individual in ac12 cordance with subparagraph (D). 

13 (3) CHAIRPERSON.— 

14 (A) IN GENERAL.—The representative of 

15 the Association of Fish and Wildlife Agencies 

16 appointed pursuant to paragraph (1)(B)(v) 

17 shall serve as Chairperson of the Board. 

18 (B) TERM.—The Chairperson of the Board 

19 shall serve for a term of 3 years. 

20 (4) MEETINGS.— 

21 (A) IN GENERAL.—The Board shall 

22 meet— 

23 (i) at the call of the Chairperson; but 

24 (ii) not less frequently than twice each 

25 calendar year. 


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1 (B) PUBLIC ACCESS.—All meetings of the 

2 Board shall be open to the public. 

3 (5) PROCEDURES.— 

4 (A) IN GENERAL.—The Board shall estab5 lish procedures to carry out the business of the 

6 Board, including— 

7 (i) a requirement that a quorum of 

8 the members of the Board be present to 

9 transact business; 

10 (ii) a requirement that no rec11 ommendations may be adopted by the 

Board, except by the vote of 2 12 ⁄3 of all mem13 bers; 

14 (iii) procedures for establishing na15 tional goals and priorities for fish habitat 

16 conservation for the purposes of this sec17 tion; 

18 (iv) procedures for designating Part19 nerships under subsection (d); and 

20 (v) procedures for reviewing, evalu21 ating, and making recommendations re22 garding fish habitat conservation projects. 

23 (B) QUORUM.—A majority of the members 

24 of the Board shall constitute a quorum. 

25 (d) FISH HABITAT PARTNERSHIPS.— 


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1 (1) AUTHORITY TO RECOMMEND.—The Board 

2 may recommend to Congress the designation of Fish 

3 Habitat Partnerships in accordance with this sub4 section. 

5 (2) PURPOSES.—The purposes of a Partnership 

6 shall be— 

7 (A) to work with other regional habitat 

8 conservation programs to promote cooperation 

9 and coordination to enhance fish and fish habi10 tats; 

11 (B) to engage local and regional commu12 nities to build support for fish habitat conserva13 tion; 

14 (C) to involve diverse groups of public and 

15 private partners; 

16 (D) to develop collaboratively a strategic 

17 vision and achievable implementation plan that 

18 is scientifically sound; 

19 (E) to leverage funding from sources that 

20 support local and regional partnerships; 

21 (F) to use adaptive management prin22 ciples, including evaluation of project success 

23 and functionality; 

24 (G) to develop appropriate local or regional 

25 habitat evaluation and assessment measures 


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1 and criteria that are compatible with national 

2 habitat condition measures; and 

3 (H) to implement local and regional pri4 ority projects that improve conditions for fish 

5 and fish habitat. 

6 (3) CRITERIA FOR DESIGNATION.—An entity 

7 seeking to be designated by Congress as a Partner8 ship shall— 

9 (A) submit to the Board an application at 

10 such time, in such manner, and containing such 

11 information as the Board may reasonably re12 quire; and 

13 (B) demonstrate to the Board that the en14 tity has— 

15 (i) a focus on promoting the health of 

16 important fish and fish habitats; 

17 (ii) an ability to coordinate the imple18 mentation of priority projects that support 

19 the goals and national priorities set by the 

20 Board that are within the Partnership 

21 boundary; 

22 (iii) a self-governance structure that 

23 supports the implementation of strategic 

24 priorities for fish habitat; 


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1 (iv) the ability to develop local and re2 gional relationships with a broad range of 

3 entities to further strategic priorities for 

4 fish and fish habitat; 

5 (v) a strategic plan that details re6 quired investments for fish habitat con7 servation that addresses the strategic fish 

8 habitat priorities of the Partnership and 

9 supports and meets the strategic priorities 

10 of the Board; 

11 (vi) the ability to develop and imple12 ment fish habitat conservation projects 

13 that address strategic priorities of the 

14 Partnership and the Board; and 

15 (vii) the ability to develop fish habitat 

16 conservation priorities based on sound 

17 science and data, the ability to measure 

18 the effectiveness of fish habitat projects of 

19 the Partnership, and a clear plan as to 

20 how Partnership science and data compo21 nents will be integrated with the overall 

22 Board science and data effort. 

23 (4) REQUIREMENTS FOR RECOMMENDATION TO

24 CONGRESS.—The Board may recommend to Con25 gress for designation an application for a PartnerVerDate Sep 11 2014 03:45 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S754.IS S754

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1 ship submitted under paragraph (3)(A) if the Board 

2 determines that the applicant— 

3 (A) meets the criteria described in para4 graph (3)(B); 

5 (B) identifies representatives to provide 

6 support and technical assistance to the Partner7 ship from a diverse group of public and private 

8 partners, which may include State or local gov9 ernments, nonprofit entities, Indian tribes, and 

10 private individuals, that are focused on con11 servation of fish habitats to achieve results 

12 across jurisdictional boundaries on public and 

13 private land; 

14 (C) is organized to promote the health of 

15 important fish species and important fish habi16 tats, including reservoirs, natural lakes, coastal 

17 and marine environments, and estuaries; 

18 (D) identifies strategic fish and fish habi19 tat priorities for the Partnership area in the 

20 form of geographical focus areas or key 

21 stressors or impairments to facilitate strategic 

22 planning and decision making; 

23 (E) is able to address issues and priorities 

24 on a nationally significant scale; 

25 (F) includes a governance structure that— 


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1 (i) reflects the range of all partners; 

2 and 

3 (ii) promotes joint strategic planning 

4 and decision making by the applicant; 

5 (G) demonstrates completion of, or signifi6 cant progress toward the development of, a 

7 strategic plan to address the decline in fish pop8 ulations, rather than simply treating symptoms, 

9 in accordance with the goals and national prior10 ities established by the Board; and 

11 (H) promotes collaboration in developing a 

12 strategic vision and implementation program 

13 that is scientifically sound and achievable. 

14 (5) REPORT TO CONGRESS.— 

15 (A) IN GENERAL.—Not later than Feb16 ruary 1 of the first fiscal year beginning after 

17 the date of enactment of this Act and each Feb18 ruary 1 thereafter, the Board shall develop and 

19 submit to the appropriate congressional com20 mittees an annual report, to be entitled ‘‘Report 

21 to Congress on Future Fish Habitat Partner22 ships and Modifications’’, that— 

23 (i) identifies any entity that— 

24 (I) meets the requirements de25 scribed in paragraph (4); and 


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1 (II) the Board recommends for 

2 designation as a Partnership; 

3 (ii) describes any proposed modifica4 tions to a Partnership previously des5 ignated by Congress under paragraph (6); 

6 (iii) with respect to each entity rec7 ommended for designation as a Partner8 ship, describes, to the maximum extent 

9 practicable— 

10 (I) the purpose of the rec11 ommended Partnership; and 

12 (II) how the recommended Part13 nership fulfills the requirements de14 scribed in paragraph (4). 

15 (B) PUBLIC AVAILABILITY; NOTIFICA16 TION.—The Board shall— 

17 (i) make the report publicly available, 

18 including on the internet; and 

19 (ii) provide to the appropriate con20 gressional committees and the State agen21 cy of any State included in a recommended 

22 Partnership area written notification of the 

23 public availability of the report. 


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1 (6) DESIGNATION OR MODIFICATION OF PART2 NERSHIP.—Congress shall have the sole authority to 

3 designate or modify a Partnership. 

4 (7) EXISTING PARTNERSHIPS.— 

5 (A) DESIGNATION REVIEW.—Not later 

6 than 5 years after the date of enactment of this 

7 Act, any fish habitat partnership receiving Fed8 eral funds as of the date of enactment of this 

9 Act shall be subject to a designation review by 

10 Congress in which Congress shall have the op11 portunity to designate the partnership under 

12 paragraph (6). 

13 (B) INELIGIBILITY FOR FEDERAL

14 FUNDS.—A partnership referred to in subpara15 graph (A) that Congress does not designate as 

16 described in that subparagraph shall be ineli17 gible to receive Federal funds under this sec18 tion. 

19 (e) FISH HABITAT CONSERVATION PROJECTS.— 

20 (1) SUBMISSION TO BOARD.—Not later than 

21 March 31 of each calendar year, each Partnership 

22 shall submit to the Board a list of priority fish habi23 tat conservation projects recommended by the Part24 nership for annual funding under this section. 


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1 (2) RECOMMENDATIONS BY BOARD.—Not later 

2 than July 1 of each calendar year, the Board shall 

3 submit to the Secretary a priority list of fish habitat 

4 conservation projects that includes the description, 

5 including estimated costs, of each project that the 

6 Board recommends that the Secretary approve and 

7 fund under this section for the following fiscal year. 

8 (3) CRITERIA FOR PROJECT SELECTION.—The 

9 Board shall select each fish habitat conservation 

10 project to be recommended to the Secretary under 

11 paragraph (2) after taking into consideration, at a 

12 minimum, the following information: 

13 (A) A recommendation of the Partnership 

14 that is, or will be, participating actively in im15 plementing the fish habitat conservation 

16 project. 

17 (B) The capabilities and experience of 

18 project proponents to implement successfully 

19 the proposed project. 

20 (C) The extent to which the fish habitat 

21 conservation project— 

22 (i) fulfills a local or regional priority 

23 that is directly linked to the strategic plan 

24 of the Partnership and is consistent with 

25 the purpose of this section; 


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1 (ii) addresses the national priorities 

2 established by the Board; 

3 (iii) is supported by the findings of 

4 the Habitat Assessment of the Partnership 

5 or the Board, and aligns or is compatible 

6 with other conservation plans; 

7 (iv) identifies appropriate monitoring 

8 and evaluation measures and criteria that 

9 are compatible with national measures; 

10 (v) provides a well-defined budget 

11 linked to deliverables and outcomes; 

12 (vi) leverages other funds to imple13 ment the project; 

14 (vii) addresses the causes and proc15 esses behind the decline of fish or fish 

16 habitats; and 

17 (viii) includes an outreach or edu18 cation component that includes the local or 

19 regional community. 

20 (D) The availability of sufficient non-Fed21 eral funds to match Federal contributions for 

22 the fish habitat conservation project, as re23 quired by paragraph (5). 

24 (E) The extent to which the local or re25 gional fish habitat conservation project— 


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1 (i) will increase fish populations in a 

2 manner that leads to recreational fishing 

3 opportunities for the public; 

4 (ii) will be carried out through a coop5 erative agreement among Federal, State, 

6 and local governments, Indian tribes, and 

7 private entities; 

8 (iii) increases public access to land or 

9 water for fish and wildlife-dependent rec10 reational opportunities; 

11 (iv) advances the conservation of fish 

12 and wildlife species that have been identi13 fied by the States as species of greatest 

14 conservation need; 

15 (v) where appropriate, advances the 

16 conservation of fish and fish habitats 

17 under the Magnuson-Stevens Fishery Con18 servation and Management Act (16 U.S.C. 

19 1801 et seq.) and other relevant Federal 

20 law and State wildlife action plans; and 

21 (vi) promotes strong and healthy fish 

22 habitats so that desired biological commu23 nities are able to persist and adapt. 

24 (F) The substantiality of the character and 

25 design of the fish habitat conservation project. 


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1 (4) LIMITATIONS.— 

2 (A) REQUIREMENTS FOR EVALUATION.— 

3 No fish habitat conservation project may be 

4 recommended by the Board under paragraph 

5 (2) or provided financial assistance under this 

6 section unless the fish habitat conservation 

7 project includes an evaluation plan designed 

8 using applicable Board guidance— 

9 (i) to appropriately assess the biologi10 cal, ecological, or other results of the habi11 tat protection, restoration, or enhancement 

12 activities carried out using the assistance; 

13 (ii) to reflect appropriate changes to 

14 the fish habitat conservation project if the 

15 assessment substantiates that the fish 

16 habitat conservation project objectives are 

17 not being met; 

18 (iii) to identify improvements to exist19 ing fish populations, recreational fishing 

20 opportunities and the overall economic ben21 efits for the local community of the fish 

22 habitat conservation project; and 

23 (iv) to require the submission to the 

24 Board of a report describing the findings 

25 of the assessment. 


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1 (B) ACQUISITION AUTHORITIES.— 

2 (i) IN GENERAL.—A State, local gov3 ernment, or other non-Federal entity is eli4 gible to receive funds for the acquisition of 

5 real property from willing sellers under 

6 this section if the acquisition ensures 1 

7 of— 

8 (I) public access for compatible 

9 fish and wildlife-dependent recreation; 

10 or 

11 (II) a scientifically based, direct 

12 enhancement to the health of fish and 

13 fish populations, as determined by the 

14 Board. 

15 (ii) STATE AGENCY APPROVAL.— 

16 (I) IN GENERAL.—All real prop17 erty interest acquisition projects fund18 ed under this section are required to 

19 be approved by the State agency in 

20 the State in which the project is oc21 curring. 

22 (II) PROHIBITION.—The Board 

23 may not recommend, and the Sec24 retary may not provide any funding 

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1 tion that has not been approved by 

2 the State agency. 

3 (iii) ASSESSMENT OF OTHER AU4 THORITIES.—The Fish Habitat Partner5 ship shall conduct a project assessment, 

6 submitted with the funding request and 

7 approved by the Board, to demonstrate all 

8 other Federal, State, and local authorities 

9 for the acquisition of real property have 

10 been exhausted. 

11 (iv) RESTRICTIONS.—A real property 

12 interest may not be acquired pursuant to a 

13 fish habitat conservation project by a 

14 State, local government, or other non-Fed15 eral entity, unless— 

16 (I) the owner of the real property 

17 authorizes the State, local govern18 ment, or other non-Federal entity to 

19 acquire the real property; and 

20 (II) the Secretary and the Board 

21 determine that the State, local govern22 ment, or other non-Federal entity 

23 would benefit from undertaking the 

24 management of the real property 

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1 cordance with the goals of a partner2 ship. 

3 (5) NON-FEDERAL CONTRIBUTIONS.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), no fish habitat conservation 

6 project may be recommended by the Board 

7 under paragraph (2) or provided financial as8 sistance under this section unless at least 50 

9 percent of the cost of the fish habitat conserva10 tion project will be funded with non-Federal 

11 funds. 

12 (B) NON-FEDERAL SHARE.—The non-Fed13 eral share of the cost of a fish habitat conserva14 tion project— 

15 (i) may not be derived from another 

16 Federal grant program; but 

17 (ii) may include in-kind contributions 

18 and cash. 

19 (C) SPECIAL RULE FOR INDIAN TRIBES.— 

20 Notwithstanding subparagraph (A) or any other 

21 provision of law, any funds made available to 

22 an Indian tribe pursuant to this section may be 

23 considered to be non-Federal funds for the pur24 pose of subparagraph (A). 

25 (6) APPROVAL.— 


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1 (A) IN GENERAL.—Not later than 90 days 

2 after the date of receipt of the recommended 

3 priority list of fish habitat conservation projects 

4 under paragraph (2), subject to the limitations 

5 of paragraph (4), and based, to the maximum 

6 extent practicable, on the criteria described in 

7 paragraph (3), the Secretary, after consulting 

8 with the Secretary of Commerce on marine or 

9 estuarine projects, shall approve or reject any 

10 fish habitat conservation project recommended 

11 by the Board. 

12 (B) FUNDING.—If the Secretary approves 

13 a fish habitat conservation project under sub14 paragraph (A), the Secretary shall use amounts 

15 made available to carry out this section to pro16 vide funds to carry out the fish habitat con17 servation project. 

18 (C) NOTIFICATION.—If the Secretary re19 jects any fish habitat conservation project rec20 ommended by the Board under paragraph (2), 

21 not later than 90 days after the date of receipt 

22 of the recommendation, the Secretary shall pro23 vide to the Board, the appropriate Partnership, 

24 and the appropriate congressional committees a 

25 written statement of the reasons that the SecVerDate Sep 11 2014 03:45 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S754.IS S754

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1 retary rejected the fish habitat conservation 

2 project. 

3 (f) TECHNICAL AND SCIENTIFIC ASSISTANCE.— 

4 (1) IN GENERAL.—The Director, the NOAA 

5 Assistant Administrator, the EPA Assistant Admin6 istrator, and the Director of the United States Geo7 logical Survey, in coordination with the Forest Serv8 ice and other appropriate Federal departments and 

9 agencies, may provide scientific and technical assist10 ance to the Partnerships, participants in fish habitat 

11 conservation projects, and the Board. 

12 (2) INCLUSIONS.—Scientific and technical as13 sistance provided pursuant to paragraph (1) may in14 clude— 

15 (A) providing technical and scientific as16 sistance to States, Indian tribes, regions, local 

17 communities, and nongovernmental organiza18 tions in the development and implementation of 

19 Partnerships; 

20 (B) providing technical and scientific as21 sistance to Partnerships for habitat assessment, 

22 strategic planning, and prioritization; 

23 (C) supporting the development and imple24 mentation of fish habitat conservation projects 


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1 that are identified as high priorities by Partner2 ships and the Board; 

3 (D) supporting and providing recommenda4 tions regarding the development of science5 based monitoring and assessment approaches 

6 for implementation through Partnerships; 

7 (E) supporting and providing recommenda8 tions for a national fish habitat assessment; 

9 (F) ensuring the availability of experts to 

10 assist in conducting scientifically based evalua11 tion and reporting of the results of fish habitat 

12 conservation projects; and 

13 (G) providing resources to secure state 

14 agency scientific and technical assistance to 

15 support Partnerships, participants in fish habi16 tat conservation projects, and the Board. 

17 (g) COORDINATION WITH STATES AND INDIAN

18 TRIBES.—The Secretary shall provide a notice to, and co19 operate with, the appropriate State agency or Tribal agen20 cy, as applicable, of each State and Indian tribe within 

21 the boundaries of which an activity is planned to be car22 ried out pursuant to this section, including notification, 

23 by not later than 30 days before the date on which the 

24 activity is implemented. 


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1 (h) INTERAGENCY OPERATIONAL PLAN.—Not later 

2 than 1 year after the date of enactment of this Act, and 

3 every 5 years thereafter, the Director, in cooperation with 

4 the NOAA Assistant Administrator, the EPA Assistant 

5 Administrator, the Director of the United States Geologi6 cal Survey, and the heads of other appropriate Federal 

7 departments and agencies (including at a minimum, those 

8 agencies represented on the Board) shall develop an inter9 agency operational plan that describes— 

10 (1) the functional, operational, technical, sci11 entific, and general staff, administrative, and mate12 rial needs for the implementation of this section; and 

13 (2) any interagency agreements between or 

14 among Federal departments and agencies to address 

15 those needs. 

16 (i) ACCOUNTABILITY AND REPORTING.— 

17 (1) REPORTING.— 

18 (A) IN GENERAL.—Not later than 5 years 

19 after the date of enactment of this Act, and 

20 every 5 years thereafter, the Board shall submit 

21 to the appropriate congressional committees a 

22 report describing the progress of this section. 

23 (B) CONTENTS.—Each report submitted 

24 under subparagraph (A) shall include— 


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1 (i) an estimate of the number of 

2 acres, stream miles, or acre-feet, or other 

3 suitable measures of fish habitat, that was 

4 maintained or improved by partnerships of 

5 Federal, State, or local governments, In6 dian tribes, or other entities in the United 

7 States during the 5-year period ending on 

8 the date of submission of the report; 

9 (ii) a description of the public access 

10 to fish habitats established or improved 

11 during that 5-year period; 

12 (iii) a description of the improved op13 portunities for public recreational fishing; 

14 and 

15 (iv) an assessment of the status of 

16 fish habitat conservation projects carried 

17 out with funds provided under this section 

18 during that period, disaggregated by year, 

19 including— 

20 (I) a description of the fish habi21 tat conservation projects recommend22 ed by the Board under subsection 

23 (e)(2); 

24 (II) a description of each fish 

25 habitat conservation project approved 


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1 by the Secretary under subsection 

2 (e)(6), in order of priority for funding; 

3 (III) a justification for— 

4 (aa) the approval of each 

5 fish habitat conservation project; 

6 and 

7 (bb) the order of priority for 

8 funding of each fish habitat con9 servation project; 

10 (IV) a justification for any rejec11 tion of a fish habitat conservation 

12 project recommended by the Board 

13 under subsection (e)(2) that was 

14 based on a factor other than the cri15 teria described in subsection (e)(3); 

16 and 

17 (V) an accounting of expendi18 tures by Federal, State, or local gov19 ernments, Indian tribes, or other enti20 ties to carry out fish habitat conserva21 tion projects. 

22 (2) STATUS AND TRENDS REPORT.—Not later 

23 than December 31, 2020, and every 5 years there24 after, the Board shall submit to the appropriate con25 gressional committees a report that includes— 


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1 (A) a status of all Partnerships designated 

2 under this section; 

3 (B) a description of the status of fish habi4 tats in the United States as identified by estab5 lished Partnerships; and 

6 (C) enhancements or reductions in public 

7 access as a result of— 

8 (i) the activities of the Partnerships; 

9 or 

10 (ii) any other activities carried out 

11 pursuant to this section. 

12 (j) EFFECT OF SECTION.— 

13 (1) WATER RIGHTS.—Nothing in this section— 

14 (A) establishes any express or implied re15 served water right in the United States for any 

16 purpose; 

17 (B) affects any water right in existence on 

18 the date of enactment of this Act; 

19 (C) preempts or affects any State water 

20 law or interstate compact governing water; or 

21 (D) affects any Federal or State law in ex22 istence on the date of enactment of the Act re23 garding water quality or water quantity. 

24 (2) AUTHORITY TO ACQUIRE WATER RIGHTS OR

25 RIGHTS TO PROPERTY.—Under this section, only a 


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1 State, local government, or other non-Federal entity 

2 may acquire, under State law, water rights or rights 

3 to property. 

4 (3) STATE AUTHORITY.—Nothing in this sec5 tion— 

6 (A) affects the authority, jurisdiction, or 

7 responsibility of a State to manage, control, or 

8 regulate fish and wildlife under the laws and 

9 regulations of the State; or 

10 (B) authorizes the Secretary to control or 

11 regulate within a State the fishing or hunting 

12 of fish and wildlife. 

13 (4) EFFECT ON INDIAN TRIBES.—Nothing in 

14 this section abrogates, abridges, affects, modifies, 

15 supersedes, or alters any right of an Indian tribe 

16 recognized by treaty or any other means, includ17 ing— 

18 (A) an agreement between the Indian tribe 

19 and the United States; 

20 (B) Federal law (including regulations); 

21 (C) an Executive order; or 

22 (D) a judicial decree. 

23 (5) ADJUDICATION OF WATER RIGHTS.—Noth24 ing in this section diminishes or affects the ability 

25 of the Secretary to join an adjudication of rights to 


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1 the use of water pursuant to subsection (a), (b), or 

2 (c) of section 208 of the Department of Justice Ap3 propriation Act, 1953 (43 U.S.C. 666). 

4 (6) DEPARTMENT OF COMMERCE AUTHOR5 ITY.—Nothing in this section affects the authority, 

6 jurisdiction, or responsibility of the Department of 

7 Commerce to manage, control, or regulate fish or 

8 fish habitats under the Magnuson-Stevens Fishery 

9 Conservation and Management Act (16 U.S.C. 1801 

10 et seq.). 

11 (7) EFFECT ON OTHER AUTHORITIES.— 

12 (A) PRIVATE PROPERTY PROTECTION.— 

13 Nothing in this section permits the use of funds 

14 made available to carry out this section to ac15 quire real property or a real property interest 

16 without the written consent of each owner of 

17 the real property or real property interest. 

18 (B) MITIGATION.—Nothing in this section 

19 permits the use of funds made available to 

20 carry out this section for fish and wildlife miti21 gation purposes under— 

22 (i) the Federal Water Pollution Con23 trol Act (33 U.S.C. 1251 et seq.); 

24 (ii) the Fish and Wildlife Coordina25 tion Act (16 U.S.C. 661 et seq.); 


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1 (iii) the Water Resources Develop2 ment Act of 1986 (Public Law 99–662; 

3 100 Stat. 4082); or 

4 (iv) any other Federal law or court 

5 settlement. 

6 (C) CLEAN WATER ACT.—Nothing in this 

7 section affects any provision of the Federal 

8 Water Pollution Control Act (33 U.S.C. 1251 et 

9 seq.), including any definition in that Act. 

10 (k) NONAPPLICABILITY OF FEDERAL ADVISORY

11 COMMITTEE ACT.—The Federal Advisory Committee Act 

12 (5 U.S.C. App.) shall not apply to— 

13 (1) the Board; or 

14 (2) any Partnership. 

15 (l) FUNDING.— 

16 (1) AUTHORIZATION OF APPROPRIATIONS.— 

17 (A) FISH HABITAT CONSERVATION

18 PROJECTS.—There is authorized to be appro19 priated to the Secretary $7,200,000 for each of 

20 fiscal years 2020 through 2024 to provide 

21 funds for fish habitat conservation projects ap22 proved under subsection (e)(6), of which 5 per23 cent shall be made available for each fiscal year 

24 for projects carried out by Indian tribes. 


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1 (B) ADMINISTRATIVE AND PLANNING EX2 PENSES.—There is authorized to be appro3 priated to the Secretary for each of fiscal years 

4 2020 through 2024 an amount equal to 5 per5 cent of the amount appropriated for the appli6 cable fiscal year pursuant to subparagraph 

7 (A)— 

8 (i) for administrative and planning ex9 penses; and 

10 (ii) to carry out subsection (i). 

11 (C) TECHNICAL AND SCIENTIFIC ASSIST12 ANCE.—There is authorized to be appropriated 

13 for each of fiscal years 2020 through 2024 to 

14 carry out, and provide technical and scientific 

15 assistance under, subsection (f)— 

16 (i) $400,000 to the Secretary for use 

17 by the United States Fish and Wildlife 

18 Service; 

19 (ii) $400,000 to the NOAA Assistant 

20 Administrator for use by the National Oce21 anic and Atmospheric Administration; 

22 (iii) $400,000 to the EPA Assistant 

23 Administrator for use by the Environ24 mental Protection Agency; 


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1 (iv) $400,000 to the Secretary for use 

2 by the United States Geological Survey; 

3 and 

4 (v) $400,000 to the Secretary of Agri5 culture for use by the Forest Service. 

6 (2) AGREEMENTS AND GRANTS.—The Secretary 

7 may— 

8 (A) on the recommendation of the Board, 

9 and notwithstanding sections 6304 and 6305 of 

10 title 31, United States Code, and the Federal 

11 Financial Assistance Management Improvement 

12 Act of 1999 (31 U.S.C. 6101 note; Public Law 

13 106–107), enter into a grant agreement, coop14 erative agreement, or contract with a Partner15 ship or other entity for a fish habitat conserva16 tion project or restoration or enhancement 

17 project; 

18 (B) apply for, accept, and use a grant 

19 from any individual or entity to carry out the 

20 purposes of this section; and 

21 (C) make funds available to any Federal 

22 department or agency for use by that depart23 ment or agency to provide grants for any fish 

24 habitat protection project, restoration project, 


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1 or enhancement project that the Secretary de2 termines to be consistent with this section. 

3 (3) DONATIONS.— 

4 (A) IN GENERAL.—The Secretary may— 

5 (i) enter into an agreement with any 

6 organization described in section 501(c)(3) 

7 of the Internal Revenue Code of 1986 that 

8 is exempt from taxation under section 

9 501(a) of that Code to solicit private dona10 tions to carry out the purposes of this sec11 tion; and 

12 (ii) accept donations of funds, prop13 erty, and services to carry out the purposes 

14 of this section. 

15 (B) TREATMENT.—A donation accepted 

16 under this section— 

17 (i) shall be considered to be a gift or 

18 bequest to, or otherwise for the use of, the 

19 United States; and 

20 (ii) may be— 

21 (I) used directly by the Sec22 retary; or 

23 (II) provided to another Federal 

24 department or agency through an 

25 interagency agreement. 


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1 (m) PROHIBITION AGAINST IMPLEMENTATION OF

2 REGULATORY AUTHORITY BY FEDERAL AGENCIES.—Any 

3 Partnership designated under this section— 

4 (1) shall be for the sole purpose of promoting 

5 fish conservation; and 

6 (2) shall not be used to implement any regu7 latory authority of any Federal agency. 

Æ 


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