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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 754 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Fish Habitat Conservation 
Act of 2019''.

SEC. 2. NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS.

    (a) Purpose.--The purpose of this section is to encourage 
partnerships among public agencies and other interested parties to 
promote fish conservation--
            (1) to achieve measurable habitat conservation results 
        through strategic actions of Fish Habitat Partnerships that 
        lead to better fish habitat conditions and increased fishing 
        opportunities by--
                    (A) improving ecological conditions;
                    (B) restoring natural processes; or
                    (C) preventing the decline of intact and healthy 
                systems;
            (2) to establish a consensus set of national conservation 
        strategies as a framework to guide future actions and 
        investment by Fish Habitat Partnerships;
            (3) to broaden the community of support for fish habitat 
        conservation by--
                    (A) increasing fishing opportunities;
                    (B) fostering the participation of local 
                communities, especially young people in local 
                communities, in conservation activities; and
                    (C) raising public awareness of the role healthy 
                fish habitat play in the quality of life and economic 
                well-being of local communities;
            (4) to fill gaps in the National Fish Habitat Assessment 
        and the associated database of the National Fish Habitat 
        Assessment--
                    (A) to empower strategic conservation actions 
                supported by broadly available scientific information; 
                and
                    (B) to integrate socioeconomic data in the analysis 
                to improve the lives of humans in a manner consistent 
                with fish habitat conservation goals; and
            (5) to communicate to the public and conservation 
        partners--
                    (A) the conservation outcomes produced collectively 
                by Fish Habitat Partnerships; and
                    (B) new opportunities and voluntary approaches for 
                conserving fish habitat.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Board.--The term ``Board'' means the National Fish 
        Habitat Board established by subsection (c)(1)(A).
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) EPA assistant administrator.--The term ``EPA Assistant 
        Administrator'' means the Assistant Administrator for Water of 
        the Environmental Protection Agency.
            (5) 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. 5304).
            (6) NOAA assistant administrator.--The term ``NOAA 
        Assistant Administrator'' means the Assistant Administrator for 
        Fisheries of the National Oceanic and Atmospheric 
        Administration.
            (7) Partnership.--The term ``Partnership'' means a self-
        governed entity designated by Congress as a Fish Habitat 
        Partnership under subsection (d)(6) after a recommendation by 
        the Board under subsection (d)(1).
            (8) Real property interest.--The term ``real property 
        interest'' means an ownership interest in--
                    (A) land; or
                    (B) water (including water rights).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (10) State.--The term ``State'' means each of the several 
        States.
            (11) State agency.--The term ``State agency'' means--
                    (A) the fish and wildlife agency of a State; and
                    (B) any department or division of a department or 
                agency of a State that manages in the public trust the 
                inland or marine fishery resources or sustains the 
                habitat for those fishery resources of the State 
                pursuant to State law or the constitution of the State.
    (c) National Fish Habitat Board.--
            (1) Establishment.--
                    (A) Fish habitat board.--There is established a 
                board, to be known as the ``National Fish Habitat 
                Board'', whose duties are--
                            (i) to promote, oversee, and coordinate the 
                        implementation of this section;
                            (ii) to establish national goals and 
                        priorities for fish habitat conservation;
                            (iii) to recommend to Congress entities for 
                        designation as Partnerships; and
                            (iv) to review and make recommendations 
                        regarding fish habitat conservation projects.
                    (B) Membership.--The Board shall be composed of 25 
                members, of whom--
                            (i) 1 shall be a representative of the 
                        Department of the Interior;
                            (ii) 1 shall be a representative of the 
                        United States Geological Survey;
                            (iii) 1 shall be a representative of the 
                        Department of Commerce;
                            (iv) 1 shall be a representative of the 
                        Department of Agriculture;
                            (v) 1 shall be a representative of the 
                        Association of Fish and Wildlife Agencies;
                            (vi) 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;
                            (vii) 1 shall be a representative of 
                        either--
                                    (I) Indian tribes in the State of 
                                Alaska; or
                                    (II) Indian tribes in States other 
                                than the State of Alaska;
                            (viii) 1 shall be a representative of 
                        either--
                                    (I) the Regional Fishery Management 
                                Councils established under section 302 
                                of the Magnuson-Stevens Fishery 
                                Conservation and Management Act (16 
                                U.S.C. 1852); or
                                    (II) a representative of the Marine 
                                Fisheries Commissions, which is 
                                composed of--
                                            (aa) the Atlantic States 
                                        Marine Fisheries Commission;
                                            (bb) the Gulf States Marine 
                                        Fisheries Commission; and
                                            (cc) the Pacific States 
                                        Marine Fisheries Commission;
                            (ix) 1 shall be a representative of the 
                        Sportfishing and Boating Partnership Council;
                            (x) 7 shall be representatives selected 
                        from each of--
                                    (I) the recreational sportfishing 
                                industry;
                                    (II) the commercial fishing 
                                industry;
                                    (III) marine recreational anglers;
                                    (IV) freshwater recreational 
                                anglers;
                                    (V) habitat conservation 
                                organizations; and
                                    (VI) science-based fishery 
                                organizations;
                            (xi) 1 shall be a representative of a 
                        national private landowner organization;
                            (xii) 1 shall be a representative of an 
                        agricultural production organization;
                            (xiii) 1 shall be a representative of local 
                        government interests involved in fish habitat 
                        restoration;
                            (xiv) 2 shall be representatives from 
                        different sectors of corporate industries, 
                        which may include--
                                    (I) natural resource commodity 
                                interests, such as petroleum or mineral 
                                extraction;
                                    (II) natural resource user 
                                industries; and
                                    (III) industries with an interest 
                                in fish and fish habitat conservation; 
                                and
                            (xv) 1 shall be a leadership private sector 
                        or landowner representative of an active 
                        partnership.
                    (C) Compensation.--A member of the Board shall 
                serve without compensation.
                    (D) Travel expenses.--A member of the Board may be 
                allowed travel expenses, including per diem in lieu of 
                subsistence, at rates authorized for an employee of an 
                agency under subchapter I of chapter 57 of title 5, 
                United States Code, while away from the home or regular 
                place of business of the member in the performance of 
                the duties of the Board.
            (2) Appointment and terms.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, a member of the Board described in any 
                of clauses (vi) through (xiv) of paragraph (1)(B) shall 
                serve for a term of 3 years.
                    (B) Initial board membership.--
                            (i) In general.--The initial Board will 
                        consist of representatives as described in 
                        clauses (i) through (vi) of paragraph (1)(B).
                            (ii) Remaining members.--Not later than 60 
                        days after the date of enactment of this Act, 
                        the representatives of the initial Board 
                        pursuant to clause (i) shall appoint the 
                        remaining members of the Board described in 
                        clauses (viii) through (xiv) of paragraph 
                        (1)(B).
                            (iii) Tribal representatives.--Not later 
                        than 60 days after the enactment of this Act, 
                        the Secretary shall provide to the Board a 
                        recommendation of not fewer than 3 Tribal 
                        representatives, from which the Board shall 
                        appoint 1 representative pursuant to clause 
                        (vii) of paragraph (1)(B).
                    (C) Transitional terms.--Of the members described 
                in paragraph (1)(B)(x) initially appointed to the 
                Board--
                            (i) 2 shall be appointed for a term of 1 
                        year;
                            (ii) 2 shall be appointed for a term of 2 
                        years; and
                            (iii) 3 shall be appointed for a term of 3 
                        years.
                    (D) Vacancies.--
                            (i) In general.--A vacancy of a member of 
                        the Board described in any of clauses (viii) 
                        through (xiv) of paragraph (1)(B) shall be 
                        filled by an appointment made by the remaining 
                        members of the Board.
                            (ii) Tribal representatives.--Following a 
                        vacancy of a member of the Board described in 
                        clause (vii) of paragraph (1)(B), the Secretary 
                        shall recommend to the Board a list of not 
                        fewer than 3 Tribal representatives, from which 
                        the remaining members of the Board shall 
                        appoint a representative to fill the vacancy.
                    (E) 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.
                    (F) Removal.--If a member of the Board described in 
                any of clauses (viii) through (xiv) of paragraph (1)(B) 
                misses 3 consecutive regularly scheduled Board 
                meetings, the members of the Board may--
                            (i) vote to remove that member; and
                            (ii) appoint another individual in 
                        accordance with subparagraph (D).
            (3) Chairperson.--
                    (A) In general.--The representative of the 
                Association of Fish and Wildlife Agencies appointed 
                pursuant to paragraph (1)(B)(v) shall serve as 
                Chairperson of the Board.
                    (B) Term.--The Chairperson of the Board shall serve 
                for a term of 3 years.
            (4) Meetings.--
                    (A) In general.--The Board shall meet--
                            (i) at the call of the Chairperson; but
                            (ii) not less frequently than twice each 
                        calendar year.
                    (B) Public access.--All meetings of the Board shall 
                be open to the public.
            (5) Procedures.--
                    (A) In general.--The Board shall establish 
                procedures to carry out the business of the Board, 
                including--
                            (i) a requirement that a quorum of the 
                        members of the Board be present to transact 
                        business;
                            (ii) a requirement that no recommendations 
                        may be adopted by the Board, except by the vote 
                        of \2/3\ of all members;
                            (iii) procedures for establishing national 
                        goals and priorities for fish habitat 
                        conservation for the purposes of this section;
                            (iv) procedures for designating 
                        Partnerships under subsection (d); and
                            (v) procedures for reviewing, evaluating, 
                        and making recommendations regarding fish 
                        habitat conservation projects.
                    (B) Quorum.--A majority of the members of the Board 
                shall constitute a quorum.
    (d) Fish Habitat Partnerships.--
            (1) Authority to recommend.--The Board may recommend to 
        Congress the designation of Fish Habitat Partnerships in 
        accordance with this subsection.
            (2) Purposes.--The purposes of a Partnership shall be--
                    (A) to work with other regional habitat 
                conservation programs to promote cooperation and 
                coordination to enhance fish and fish habitats;
                    (B) to engage local and regional communities to 
                build support for fish habitat conservation;
                    (C) to involve diverse groups of public and private 
                partners;
                    (D) to develop collaboratively a strategic vision 
                and achievable implementation plan that is 
                scientifically sound;
                    (E) to leverage funding from sources that support 
                local and regional partnerships;
                    (F) to use adaptive management principles, 
                including evaluation of project success and 
                functionality;
                    (G) to develop appropriate local or regional 
                habitat evaluation and assessment measures and criteria 
                that are compatible with national habitat condition 
                measures; and
                    (H) to implement local and regional priority 
                projects that improve conditions for fish and fish 
                habitat.
            (3) Criteria for designation.--An entity seeking to be 
        designated by Congress as a Partnership shall--
                    (A) submit to the Board an application at such 
                time, in such manner, and containing such information 
                as the Board may reasonably require; and
                    (B) demonstrate to the Board that the entity has--
                            (i) a focus on promoting the health of 
                        important fish and fish habitats;
                            (ii) an ability to coordinate the 
                        implementation of priority projects that 
                        support the goals and national priorities set 
                        by the Board that are within the Partnership 
                        boundary;
                            (iii) a self-governance structure that 
                        supports the implementation of strategic 
                        priorities for fish habitat;
                            (iv) the ability to develop local and 
                        regional relationships with a broad range of 
                        entities to further strategic priorities for 
                        fish and fish habitat;
                            (v) a strategic plan that details required 
                        investments for fish habitat conservation that 
                        addresses the strategic fish habitat priorities 
                        of the Partnership and supports and meets the 
                        strategic priorities of the Board;
                            (vi) the ability to develop and implement 
                        fish habitat conservation projects that address 
                        strategic priorities of the Partnership and the 
                        Board; and
                            (vii) the ability to develop fish habitat 
                        conservation priorities based on sound science 
                        and data, the ability to measure the 
                        effectiveness of fish habitat projects of the 
                        Partnership, and a clear plan as to how 
                        Partnership science and data components will be 
                        integrated with the overall Board science and 
                        data effort.
            (4) Requirements for recommendation to congress.--The Board 
        may recommend to Congress for designation an application for a 
        Partnership submitted under paragraph (3)(A) if the Board 
        determines that the applicant--
                    (A) meets the criteria described in paragraph 
                (3)(B);
                    (B) identifies representatives to provide support 
                and technical assistance to the Partnership from a 
                diverse group of public and private partners, which may 
                include State or local governments, nonprofit entities, 
                Indian tribes, and private individuals, that are 
                focused on conservation of fish habitats to achieve 
                results across jurisdictional boundaries on public and 
                private land;
                    (C) is organized to promote the health of important 
                fish species and important fish habitats, including 
                reservoirs, natural lakes, coastal and marine 
                environments, and estuaries;
                    (D) identifies strategic fish and fish habitat 
                priorities for the Partnership area in the form of 
                geographical focus areas or key stressors or 
                impairments to facilitate strategic planning and 
                decision making;
                    (E) is able to address issues and priorities on a 
                nationally significant scale;
                    (F) includes a governance structure that--
                            (i) reflects the range of all partners; and
                            (ii) promotes joint strategic planning and 
                        decision making by the applicant;
                    (G) demonstrates completion of, or significant 
                progress toward the development of, a strategic plan to 
                address the decline in fish populations, rather than 
                simply treating symptoms, in accordance with the goals 
                and national priorities established by the Board; and
                    (H) promotes collaboration in developing a 
                strategic vision and implementation program that is 
                scientifically sound and achievable.
            (5) Report to congress.--
                    (A) In general.--Not later than February 1 of the 
                first fiscal year beginning after the date of enactment 
                of this Act and each February 1 thereafter, the Board 
                shall develop and submit to the appropriate 
                congressional committees an annual report, to be 
                entitled ``Report to Congress on Future Fish Habitat 
                Partnerships and Modifications'', that--
                            (i) identifies any entity that--
                                    (I) meets the requirements 
                                described in paragraph (4); and
                                    (II) the Board recommends for 
                                designation as a Partnership;
                            (ii) describes any proposed modifications 
                        to a Partnership previously designated by 
                        Congress under paragraph (6);
                            (iii) with respect to each entity 
                        recommended for designation as a Partnership, 
                        describes, to the maximum extent practicable--
                                    (I) the purpose of the recommended 
                                Partnership; and
                                    (II) how the recommended 
                                Partnership fulfills the requirements 
                                described in paragraph (4).
                    (B) Public availability; notification.--The Board 
                shall--
                            (i) make the report publicly available, 
                        including on the internet; and
                            (ii) provide to the appropriate 
                        congressional committees and the State agency 
                        of any State included in a recommended 
                        Partnership area written notification of the 
                        public availability of the report.
            (6) Designation or modification of partnership.--Congress 
        shall have the sole authority to designate or modify a 
        Partnership.
            (7) Existing partnerships.--
                    (A) Designation review.--Not later than 5 years 
                after the date of enactment of this Act, any fish 
                habitat partnership receiving Federal funds as of the 
                date of enactment of this Act shall be subject to a 
                designation review by Congress in which Congress shall 
                have the opportunity to designate the partnership under 
                paragraph (6).
                    (B) Ineligibility for federal funds.--A partnership 
                referred to in subparagraph (A) that Congress does not 
                designate as described in that subparagraph shall be 
                ineligible to receive Federal funds under this section.
    (e) Fish Habitat Conservation Projects.--
            (1) Submission to board.--Not later than March 31 of each 
        calendar year, each Partnership shall submit to the Board a 
        list of priority fish habitat conservation projects recommended 
        by the Partnership for annual funding under this section.
            (2) Recommendations by board.--Not later than July 1 of 
        each calendar year, the Board shall submit to the Secretary a 
        priority list of fish habitat conservation projects that 
        includes the description, including estimated costs, of each 
        project that the Board recommends that the Secretary approve 
        and fund under this section for the following fiscal year.
            (3) Criteria for project selection.--The Board shall select 
        each fish habitat conservation project to be recommended to the 
        Secretary under paragraph (2) after taking into consideration, 
        at a minimum, the following information:
                    (A) A recommendation of the Partnership that is, or 
                will be, participating actively in implementing the 
                fish habitat conservation project.
                    (B) The capabilities and experience of project 
                proponents to implement successfully the proposed 
                project.
                    (C) The extent to which the fish habitat 
                conservation project--
                            (i) fulfills a local or regional priority 
                        that is directly linked to the strategic plan 
                        of the Partnership and is consistent with the 
                        purpose of this section;
                            (ii) addresses the national priorities 
                        established by the Board;
                            (iii) is supported by the findings of the 
                        Habitat Assessment of the Partnership or the 
                        Board, and aligns or is compatible with other 
                        conservation plans;
                            (iv) identifies appropriate monitoring and 
                        evaluation measures and criteria that are 
                        compatible with national measures;
                            (v) provides a well-defined budget linked 
                        to deliverables and outcomes;
                            (vi) leverages other funds to implement the 
                        project;
                            (vii) addresses the causes and processes 
                        behind the decline of fish or fish habitats; 
                        and
                            (viii) includes an outreach or education 
                        component that includes the local or regional 
                        community.
                    (D) The availability of sufficient non-Federal 
                funds to match Federal contributions for the fish 
                habitat conservation project, as required by paragraph 
                (5).
                    (E) The extent to which the local or regional fish 
                habitat conservation project--
                            (i) will increase fish populations in a 
                        manner that leads to recreational fishing 
                        opportunities for the public;
                            (ii) will be carried out through a 
                        cooperative agreement among Federal, State, and 
                        local governments, Indian tribes, and private 
                        entities;
                            (iii) increases public access to land or 
                        water for fish and wildlife-dependent 
                        recreational opportunities;
                            (iv) advances the conservation of fish and 
                        wildlife species that have been identified by 
                        the States as species of greatest conservation 
                        need;
                            (v) where appropriate, advances the 
                        conservation of fish and fish habitats under 
                        the Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1801 et seq.) and 
                        other relevant Federal law and State wildlife 
                        action plans; and
                            (vi) promotes strong and healthy fish 
                        habitats so that desired biological communities 
                        are able to persist and adapt.
                    (F) The substantiality of the character and design 
                of the fish habitat conservation project.
            (4) Limitations.--
                    (A) Requirements for evaluation.--No fish habitat 
                conservation project may be recommended by the Board 
                under paragraph (2) or provided financial assistance 
                under this section unless the fish habitat conservation 
                project includes an evaluation plan designed using 
                applicable Board guidance--
                            (i) to appropriately assess the biological, 
                        ecological, or other results of the habitat 
                        protection, restoration, or enhancement 
                        activities carried out using the assistance;
                            (ii) 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;
                            (iii) to identify improvements to existing 
                        fish populations, recreational fishing 
                        opportunities and the overall economic benefits 
                        for the local community of the fish habitat 
                        conservation project; and
                            (iv) to require the submission to the Board 
                        of a report describing the findings of the 
                        assessment.
                    (B) Acquisition authorities.--
                            (i) In general.--A State, local government, 
                        or other non-Federal entity is eligible to 
                        receive funds for the acquisition of real 
                        property from willing sellers under this 
                        section if the acquisition ensures 1 of--
                                    (I) public access for compatible 
                                fish and wildlife-dependent recreation; 
                                or
                                    (II) a scientifically based, direct 
                                enhancement to the health of fish and 
                                fish populations, as determined by the 
                                Board.
                            (ii) State agency approval.--
                                    (I) In general.--All real property 
                                interest acquisition projects funded 
                                under this section are required to be 
                                approved by the State agency in the 
                                State in which the project is 
                                occurring.
                                    (II) Prohibition.--The Board may 
                                not recommend, and the Secretary may 
                                not provide any funding for, any real 
                                property interest acquisition that has 
                                not been approved by the State agency.
                            (iii) Assessment of other authorities.--The 
                        Fish Habitat Partnership shall conduct a 
                        project assessment, submitted with the funding 
                        request and approved by the Board, to 
                        demonstrate all other Federal, State, and local 
                        authorities for the acquisition of real 
                        property have been exhausted.
                            (iv) Restrictions.--A real property 
                        interest may not be acquired pursuant to a fish 
                        habitat conservation project by a State, local 
                        government, or other non-Federal entity, 
                        unless--
                                    (I) the owner of the real property 
                                authorizes the State, local government, 
                                or other non-Federal entity to acquire 
                                the real property; and
                                    (II) the Secretary and the Board 
                                determine that the State, local 
                                government, or other non-Federal entity 
                                would benefit from undertaking the 
                                management of the real property being 
                                acquired because that is in accordance 
                                with the goals of a partnership.
            (5) Non-federal contributions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), no fish habitat conservation project may be 
                recommended by the Board under paragraph (2) or 
                provided financial assistance under this section unless 
                at least 50 percent of the cost of the fish habitat 
                conservation project will be funded with non-Federal 
                funds.
                    (B) Non-federal share.--The non-Federal share of 
                the cost of a fish habitat conservation project--
                            (i) may not be derived from another Federal 
                        grant program; but
                            (ii) may include in-kind contributions and 
                        cash.
                    (C) Special rule for indian tribes.--
                Notwithstanding subparagraph (A) or any other provision 
                of law, any funds made available to an Indian tribe 
                pursuant to this section may be considered to be non-
                Federal funds for the purpose of subparagraph (A).
            (6) Approval.--
                    (A) In general.--Not later than 90 days after the 
                date of receipt of the recommended priority list of 
                fish habitat conservation projects under paragraph (2), 
                subject to the limitations of paragraph (4), and based, 
                to the maximum extent practicable, on the criteria 
                described in paragraph (3), the Secretary, after 
                consulting with the Secretary of Commerce on marine or 
                estuarine projects, shall approve or reject any fish 
                habitat conservation project recommended by the Board.
                    (B) Funding.--If the Secretary approves a fish 
                habitat conservation project under subparagraph (A), 
                the Secretary shall use amounts made available to carry 
                out this section to provide funds to carry out the fish 
                habitat conservation project.
                    (C) Notification.--If the Secretary rejects any 
                fish habitat conservation project recommended by the 
                Board under paragraph (2), not later than 90 days after 
                the date of receipt of the recommendation, the 
                Secretary shall provide to the Board, the appropriate 
                Partnership, and the appropriate congressional 
                committees a written statement of the reasons that the 
                Secretary rejected the fish habitat conservation 
                project.
    (f) Technical and Scientific Assistance.--
            (1) In general.--The Director, the NOAA Assistant 
        Administrator, the EPA Assistant Administrator, and the 
        Director of the United States Geological Survey, in 
        coordination with the Forest Service and other appropriate 
        Federal departments and agencies, may provide scientific and 
        technical assistance to the Partnerships, participants in fish 
        habitat conservation projects, and the Board.
            (2) Inclusions.--Scientific and technical assistance 
        provided pursuant to paragraph (1) may include--
                    (A) providing technical and scientific assistance 
                to States, Indian tribes, regions, local communities, 
                and nongovernmental organizations in the development 
                and implementation of Partnerships;
                    (B) providing technical and scientific assistance 
                to Partnerships for habitat assessment, strategic 
                planning, and prioritization;
                    (C) supporting the development and implementation 
                of fish habitat conservation projects that are 
                identified as high priorities by Partnerships and the 
                Board;
                    (D) supporting and providing recommendations 
                regarding the development of science-based monitoring 
                and assessment approaches for implementation through 
                Partnerships;
                    (E) supporting and providing recommendations for a 
                national fish habitat assessment;
                    (F) ensuring the availability of experts to assist 
                in conducting scientifically based evaluation and 
                reporting of the results of fish habitat conservation 
                projects; and
                    (G) providing resources to secure state agency 
                scientific and technical assistance to support 
                Partnerships, participants in fish habitat conservation 
                projects, and the Board.
    (g) Coordination With States and Indian Tribes.--The Secretary 
shall provide a notice to, and cooperate with, the appropriate State 
agency or Tribal agency, as applicable, of each State and Indian tribe 
within the boundaries of which an activity is planned to be carried out 
pursuant to this section, including notification, by not later than 30 
days before the date on which the activity is implemented.
    (h) 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 NOAA Assistant Administrator, the EPA 
Assistant Administrator, the Director of the United States Geological 
Survey, and the heads of other appropriate Federal departments and 
agencies (including at a minimum, those agencies represented on the 
Board) shall develop an interagency operational plan that describes--
            (1) the functional, operational, technical, scientific, and 
        general staff, administrative, and material needs for the 
        implementation of this section; and
            (2) any interagency agreements between or among Federal 
        departments and agencies to address those needs.
    (i) Accountability and Reporting.--
            (1) Reporting.--
                    (A) In general.--Not later than 5 years after the 
                date of enactment of this Act, and every 5 years 
                thereafter, the Board shall submit to the appropriate 
                congressional committees a report describing the 
                progress of this section.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            (i) an estimate of the number of acres, 
                        stream miles, or acre-feet, or other suitable 
                        measures of fish habitat, that was maintained 
                        or improved by partnerships of Federal, State, 
                        or local governments, Indian tribes, or other 
                        entities in the United States during the 5-year 
                        period ending on the date of submission of the 
                        report;
                            (ii) a description of the public access to 
                        fish habitats established or improved during 
                        that 5-year period;
                            (iii) a description of the improved 
                        opportunities for public recreational fishing; 
                        and
                            (iv) an assessment of the status of fish 
                        habitat conservation projects carried out with 
                        funds provided under this section during that 
                        period, disaggregated by year, including--
                                    (I) a description of the fish 
                                habitat conservation projects 
                                recommended by the Board under 
                                subsection (e)(2);
                                    (II) a description of each fish 
                                habitat conservation project approved 
                                by the Secretary under subsection 
                                (e)(6), in order of priority for 
                                funding;
                                    (III) a justification for--
                                            (aa) the approval of each 
                                        fish habitat conservation 
                                        project; and
                                            (bb) the order of priority 
                                        for funding of each fish 
                                        habitat conservation project;
                                    (IV) a justification for any 
                                rejection of a fish habitat 
                                conservation project recommended by the 
                                Board under subsection (e)(2) that was 
                                based on a factor other than the 
                                criteria described in subsection 
                                (e)(3); and
                                    (V) an accounting of expenditures 
                                by Federal, State, or local 
                                governments, Indian tribes, or other 
                                entities to carry out fish habitat 
                                conservation projects.
            (2) Status and trends report.--Not later than December 31, 
        2020, and every 5 years thereafter, the Board shall submit to 
        the appropriate congressional committees a report that 
        includes--
                    (A) a status of all Partnerships designated under 
                this section;
                    (B) a description of the status of fish habitats in 
                the United States as identified by established 
                Partnerships; and
                    (C) enhancements or reductions in public access as 
                a result of--
                            (i) the activities of the Partnerships; or
                            (ii) any other activities carried out 
                        pursuant to this section.
    (j) Effect of Section.--
            (1) Water rights.--Nothing in this section--
                    (A) establishes any express or implied reserved 
                water right in the United States for any purpose;
                    (B) affects any water right in existence on the 
                date of enactment of this Act;
                    (C) preempts or affects any State water law or 
                interstate compact governing water; or
                    (D) affects any Federal or State law in existence 
                on the date of enactment of the Act regarding water 
                quality or water quantity.
            (2) Authority to acquire water rights or rights to 
        property.--Under this section, only a State, local government, 
        or other non-Federal entity may acquire, under State law, water 
        rights or rights to property.
            (3) State authority.--Nothing in this section--
                    (A) affects the authority, jurisdiction, or 
                responsibility of a State to manage, control, or 
                regulate fish and wildlife under the laws and 
                regulations of the State; or
                    (B) authorizes the Secretary to control or regulate 
                within a State the fishing or hunting of fish and 
                wildlife.
            (4) Effect on indian tribes.--Nothing in this section 
        abrogates, abridges, affects, modifies, supersedes, or alters 
        any right of an Indian tribe recognized by treaty or any other 
        means, including--
                    (A) an agreement between the Indian tribe and the 
                United States;
                    (B) Federal law (including regulations);
                    (C) an Executive order; or
                    (D) a judicial decree.
            (5) Adjudication of water rights.--Nothing in this section 
        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).
            (6) Department of commerce authority.--Nothing in this 
        section affects the authority, jurisdiction, or responsibility 
        of the Department of Commerce to manage, control, or regulate 
        fish or fish habitats under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.).
            (7) Effect on other authorities.--
                    (A) Private property protection.--Nothing in this 
                section permits the use of funds made available to 
                carry out this section to acquire real property or a 
                real property interest without the written consent of 
                each owner of the real property or real property 
                interest.
                    (B) Mitigation.--Nothing in this section permits 
                the use of funds made available to carry out this 
                section for fish and wildlife mitigation purposes 
                under--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Fish and Wildlife Coordination Act 
                        (16 U.S.C. 661 et seq.);
                            (iii) the Water Resources Development Act 
                        of 1986 (Public Law 99-662; 100 Stat. 4082); or
                            (iv) any other Federal law or court 
                        settlement.
                    (C) Clean water act.--Nothing in this section 
                affects any provision of the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), including any 
                definition in that Act.
    (k) Nonapplicability of Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to--
            (1) the Board; or
            (2) any Partnership.
    (l) Funding.--
            (1) Authorization of appropriations.--
                    (A) Fish habitat conservation projects.--There is 
                authorized to be appropriated to the Secretary 
                $7,200,000 for each of fiscal years 2020 through 2024 
                to provide funds for fish habitat conservation projects 
                approved under subsection (e)(6), of which 5 percent 
                shall be made available for each fiscal year for 
                projects carried out by Indian tribes.
                    (B) Administrative and planning expenses.--There is 
                authorized to be appropriated to the Secretary for each 
                of fiscal years 2020 through 2024 an amount equal to 5 
                percent of the amount appropriated for the applicable 
                fiscal year pursuant to subparagraph (A)--
                            (i) for administrative and planning 
                        expenses; and
                            (ii) to carry out subsection (i).
                    (C) Technical and scientific assistance.--There is 
                authorized to be appropriated for each of fiscal years 
                2020 through 2024 to carry out, and provide technical 
                and scientific assistance under, subsection (f)--
                            (i) $400,000 to the Secretary for use by 
                        the United States Fish and Wildlife Service;
                            (ii) $400,000 to the NOAA Assistant 
                        Administrator for use by the National Oceanic 
                        and Atmospheric Administration;
                            (iii) $400,000 to the EPA Assistant 
                        Administrator for use by the Environmental 
                        Protection Agency;
                            (iv) $400,000 to the Secretary for use by 
                        the United States Geological Survey; and
                            (v) $400,000 to the Secretary of 
                        Agriculture for use by the Forest Service.
            (2) Agreements and grants.--The Secretary may--
                    (A) 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;
                    (B) apply for, accept, and use a grant from any 
                individual or entity to carry out the purposes of this 
                section; and
                    (C) 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 
                section.
            (3) Donations.--
                    (A) In general.--The Secretary may--
                            (i) 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 section; and
                            (ii) accept donations of funds, property, 
                        and services to carry out the purposes of this 
                        section.
                    (B) Treatment.--A donation accepted under this 
                section--
                            (i) shall be considered to be a gift or 
                        bequest to, or otherwise for the use of, the 
                        United States; and
                            (ii) may be--
                                    (I) used directly by the Secretary; 
                                or
                                    (II) provided to another Federal 
                                department or agency through an 
                                interagency agreement.
    (m) Prohibition Against Implementation of Regulatory Authority by 
Federal Agencies.--Any Partnership designated under this section--
            (1) shall be for the sole purpose of promoting fish 
        conservation; and
            (2) shall not be used to implement any regulatory authority 
        of any Federal agency.
                                 <all>
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