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[Senate Report 112-140]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-140
_______________________________________________________________________

                                     

                                                       Calendar No. 306
 
           PACIFIC SALMON STRONGHOLD CONSERVATION ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1401

                                     

                January 30, 2012.--Ordered to be printed

       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                Todd Bertoson, Republican Staff Director
           Jarrod Thompson, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel

                                                       Calendar No. 306
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-140

======================================================================

           PACIFIC SALMON STRONGHOLD CONSERVATION ACT OF 2011

                                _______
                                

                January 30, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 1401]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 1401) to conserve wild Pacific 
salmon, and for other purposes, having considered the same, 
reports favorably thereon with an amendment (in the nature of a 
substitute) and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

  The purpose of S. 1401, the Pacific Salmon Stronghold 
Conservation Act of 2011, is to establish a comprehensive, 
strategic, science-based approach to wild salmon conservation. 
It would create a structural framework to support efforts to 
protect and restore the healthiest remaining wild Pacific 
salmon stocks in North America.

                          Background and Needs

  Wild Pacific salmon are central to the economy, environment, 
and culture of western North America. However, human 
activities, such as damming rivers, fishing, agriculture, and 
urban growth are increasingly threatening wild Pacific salmon 
habitats and populations. Additionally, salmon populations are 
extremely sensitive to local environmental conditions, which 
will likely be impacted by climate change. In 2007, a research 
article in the Proceedings of the National Academy of Sciences 
of the United States, a highly respected scientific periodical 
published by the National Academy of Sciences, concluded that 
climate change will likely have a large negative impact on 
fresh water salmon habitat, as well as cause a ``spatial shift 
in salmon abundance,'' with higher-elevation watersheds 
becoming less suitable habitat due to the transitions from 
snowy to rainy environments.\1\
---------------------------------------------------------------------------
    \1\ Battin, James; Wiley, Matthew W.; Ruckelshaus, Mary H.; Palmer, 
Richard N.; Korb, Elizabeth; Bartz, Krista K.; and Imaki, Hiroo (2007). 
Projected impacts of climate change on salmon habitat restoration. 
Proceedings of the National Academy of Sciences vol. 104 no. 16 6720-
6725.
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  To combat these myriad threats, a number of Federal, State, 
and local salmon recovery programs have been established, most 
of which are focused on the important task of recovering 
threatened or endangered stocks. At the Federal level, the 
Endangered Species Act (ESA) and the Pacific Coastal Salmon 
Recovery Fund (PCSRF) play an important role in Pacific salmon 
conservation and recovery efforts. The National Oceanic and 
Atmospheric Administration's (NOAA's) National Marine Fisheries 
Service (NMFS) is charged with implementing the ESA 
requirements for marine species, including anadromous Pacific 
salmonids (i.e., chum salmon, pink salmon, sockeye salmon, 
chinook salmon, coho salmon, and steelhead trout). Based on a 
petition from an individual, organization, or State agency (or 
alternatively on its own initiative) NMFS conducts a review to 
determine whether a marine species is threatened or endangered, 
and thus merits listing under the ESA. NMFS has identified over 
50 evolutionarily significant units (ESUs) of salmon and 
steelhead trout in the region of California and the Pacific 
Northwest, of which 28 are listed as threatened or endangered. 
Once a species or ESU is listed under the ESA, NMFS must 
designate critical habitat and formulate a recovery plan for 
the species. When a listed species is determined to no longer 
be threatened or endangered (as the case may be), based on the 
best scientific and commercial data available, it is eligible 
to be delisted.
  NMFS is also responsible for administering the PCSRF, which 
was established by Congress in 2000 after the Governors of 
Washington, Oregon, California, and Alaska collectively 
requested a mechanism to address the additions of West Coast 
salmon and steelhead trout to the ESA list of threatened 
species. Aiming to protect, restore, and conserve these 
populations and their habitats, the PCSRF provides funding for 
thousands of recovery projects conducted by Pacific Northwest 
States and tribes. Since its inception, the PCSRF has enabled 
the removal of thousands of barriers to passage and the 
reopening of thousands of miles of habitat for Pacific salmon.
  While the ESA and PCSRF are critically important in 
protecting Pacific salmon species, they are largely focused on 
recovery of already depleted populations rather than supporting 
healthy salmon populations. Additionally, the Federal, State 
and local agencies, non-profits, and private entities that 
focus on Pacific salmon and steelhead conservation make for a 
complex web of interrelated, and in some cases overlapping or 
conflicting, jurisdictions. For example, NMFS has 
responsibility for anadromous Pacific salmonids, while the U.S. 
Fish and Wildlife Service (USFWS) has jurisdiction over non-
anadromous (or resident) forms of sockeye salmon and steelhead. 
This type of divisional authority can result in a lack of a 
centralized strategy which can greatly hinder conservation 
efforts.
  Fisheries scientists and natural resource managers are 
generally in agreement that comprehensive, strategic 
conservation of the healthiest aquatic habitats, or 
``strongholds,'' for a given fish species is an efficient and 
highly cost-effective method for the conservation of fish 
populations and the preservation of the important role they 
play in ecosystems and our economy.\2\ This is based on the 
fundamental concept that targeted conservation of a distributed 
network of a depleted species, capturing key centers of 
productivity, abundance, and diversity, provides the foundation 
for a range-wide strategy to ensure the viability of that 
species into the future.
---------------------------------------------------------------------------
    \2\ See S. 817, The Pacific Salmon Stronghold Conservation Act: 
Hearing before the Subcomm. on Oceans, Atmosphere, Fisheries, and Coast 
Guard of the S. Comm. on Commerce, Science, & Transportation, 111th 
Cong. at 11 (2010) (statement of Mr. Guido Rahr, President and Chief 
Executive, Wild Salmon Ctr.) (stating ``There is broad agreement among 
scientific colleagues in and outside of government that the 
identification and protection of a portfolio of salmon strongholds 
represents a critical plank in any broader salmon conservation and 
management strategy.''); and see id. at 20 (statement of Sara LaBorde, 
Special Assistant to the Dir., Wash. Dep't of Fish & Wildlife) (stating 
that ``many . . . are enthusiastic about increasing our attention on 
the Nation's healthiest wild salmon populations. We all know that 
prevention will save money, avoiding costly restoration.'').
---------------------------------------------------------------------------
  Some efforts at this form of preventive management have 
already begun at the State and local levels. A prime example is 
the North American Salmon Stronghold Partnership (Stronghold 
Partnership). Chartered in December 2007, the Stronghold 
Partnership was formed for the purpose of identifying and 
protecting a network of the healthiest remaining wild Pacific 
salmon ecosystems in North America, in order to ensure the 
long-term survival of salmon, steelhead trout, and the many 
species that depend on them and the watersheds they inhabit. It 
is a voluntary partnership that serves to coordinate public and 
private resources and the activities of local communities, 
State and Federal agencies, tribes, nonprofit organizations, 
and private interests which seek to work collaboratively on 
salmon conservation and restoration activities across Alaska, 
California, Idaho, Oregon, and Washington.

                         Summary of Provisions

  S. 1401 would establish the Salmon Stronghold Partnership as 
a cooperative, incentive-based, public-private partnership to 
identify and conserve salmon strongholds. The Partnership's 
board would include representatives of Alaska, California, 
Idaho, Oregon, and Washington States, as well as 
representatives from specified entities. The Act would 
authorize a salmon stronghold watershed grants and technical 
assistance program to support protection and restoration 
activities. It would also require the Assistant Administrator 
of NMFS to carry out specific information and assessment 
functions associated with salmon strongholds, and would 
authorize the sharing of status and trends data, innovative 
conservation strategies, conservation planning methodologies, 
and other information with other North Pacific countries, 
including Canada, Japan, Russia, and South Korea as well as 
appropriate international entities, to promote Pacific salmon 
conservation.

                          Legislative History

  S. 1401 was introduced by Senator Cantwell on July 21, 2011, 
and referred to the Committee on Commerce, Science, and 
Transportation. Senators Begich, Boxer, Feinstein, Merkley, 
Murkowski, Murray, and Wyden are original cosponsors of the 
legislation. On November 2, 2011, the Committee met in open 
Executive Session and, by voice vote, ordered S. 1401 reported 
with an amendment in the nature of a substitute.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 1401--Pacific Salmon Stronghold Conservation Act of 2011

    Summary: S. 1401 would authorize the National Oceanic and 
Atmospheric Administration (NOAA) to carry out certain 
activities related to the conservation of certain salmon 
habitats. Assuming appropriation of the necessary amounts, CBO 
estimates that implementing the legislation would cost $118 
million over the 2012-2016 period.
    Enacting the legislation could increase offsetting receipts 
(from private donations) and associated direct spending; 
therefore, pay-as-you-go procedures apply. However, CBO 
estimates that the net effects would be negligible for each 
year. Enacting the bill would not affect revenues.
    S. 1401 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1401 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................       30       31       32       32       33       158
Estimated Outlays.......................................        6       22       27       31       32       118
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted early in 2012 and that the 
necessary amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar NOAA activities.
    S. 1401 would require the Secretary of Commerce to 
establish a partnership between public and private entities to 
identify and protect certain salmon habitats. The bill would 
authorize NOAA to provide grants to support the activities of 
the partnership. The bill also would authorize NOAA to collect 
and disseminate information related to salmon habitats. Based 
on information provided by NOAA about the cost of performing 
similar activities, CBO estimates that implementing the 
legislation would cost $118 million over the 2012-2016 period, 
assuming appropriation of the necessary amounts.
    Pay-As-You-Go Considerations: The statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending and 
revenues. Enacting S. 1401 could increase offsetting receipts 
and associated direct spending; therefore, pay-as-you-go 
procedures apply. However, CBO estimates that the net effects 
would be negligible for each year. Enacting the bill would not 
affect revenues.
    Intergovernmental and private-sector impact: S. 1401 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no cost on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 1401 would establish a comprehensive, strategic, science-
based approach to wild salmon stronghold conservation. It would 
create a structural framework to support efforts to protect and 
restore the healthiest remaining wild Pacific salmon stocks in 
North America. It does not authorize any new regulations, and 
therefore would not subject any individuals or businesses to 
new regulations.

                            ECONOMIC IMPACT

  The provisions of this bill are not expected to have any 
negative impact on individuals, consumers, or businesses.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  S. 1401 is not expected to create any additional paperwork 
requirements.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title

  This section would provide that this Act may be cited as the 
Pacific Salmon Stronghold Conservation Act of 2011.

Section 2. Purposes

  This section would state that the purposes of this Act are 
to: (1) expand Federal support and resources for the protection 
and restoration of the healthiest remaining salmon strongholds 
in North America to sustain core centers of salmon abundance, 
productivity, and diversity in order to ensure the long-term 
viability of salmon populations in the States of Alaska, 
California, Idaho, Oregon, and Washington by focusing resources 
on cooperative, incentive-based efforts and increasing 
available resources for public and private organizations 
working cooperatively to conserve regional core centers of 
salmon abundance and diversity; (2) maintain billions of 
dollars in economic activity and tens of thousands of jobs from 
salmon related activities that rely on healthy salmon 
populations and salmon stronghold habitats; (3) maintain and 
enhance economic benefits related to fishing or associated with 
healthy salmon stronghold habitats, including flood protection, 
recreation, water quantity and quality, carbon sequestration, 
climate change mitigation and adaptation, and other ecosystem 
services; and (4) complement and add to existing Federal, 
State, and local salmon recovery efforts by using sound science 
to identify and sustain core centers of salmon abundance, 
productivity, and diversity in the healthiest remaining salmon 
ecosystems throughout their range.

Section 3. Definitions

  This section would define: (1) ``Administrator'' as the 
Assistant Administrator for NMFS of NOAA; (2) ``Board'' as the 
Salmon Stronghold Partnership Board; (3) ``charter'' as the 
charter of the Salmon Stronghold Partnership Board; (4) 
``Director'' as the Director of USFWS; (5) ``ecosystem 
services'' as the ecological benefits generated from a healthy, 
functioning ecosystem, including clean water, pollutant 
filtration, regulation of river flow, prevention of soil 
erosion, regulation of climate, and fish production; (6) 
``program'' as the salmon stronghold watershed grants and 
technical assistance program; (7) ``salmon'' as any of the wild 
anadromous Oncorhynchus species that occur in the Western 
United States, including chum salmon, pink salmon, sockeye 
salmon, chinook salmon, coho salmon, and steelhead trout; (8) 
``salmon stronghold'' as status conferred to a defined 
geographical unit which meets biological criteria for 
abundance, productivity, diversity (genetic and life history), 
habitat quality, or other biological attributes important to 
sustaining viable populations of salmon throughout their range, 
as defined by the Board; (9) ``Salmon Stronghold Partnership'' 
as the Salmon Stronghold Partnership established under section 
4; and (10) ``Secretary'' as the Secretary of Commerce.

Section 4. Salmon Stronghold Partnership

  This section would direct the Secretary to establish a 
cooperative, incentive-based, public-private Salmon Stronghold 
Partnership (Partnership) between stakeholders for the purpose 
of identifying and conserving salmon strongholds. This section 
instructs the Secretary to establish a Board of the Salmon 
Stronghold Partnership, which would consist of one 
representative from each of the following: (1) NMFS; (2) USFWS; 
(3) the U.S. Forest Service; (4) the Environmental Protection 
Agency (EPA); (5) the Bonneville Power Administration; (6) the 
Bureau of Land Management; (7) the Northwest Power and 
Conservation Council; (8) the office of the Governor or an 
appropriate natural resource agency from each of the States of 
Alaska, California, Idaho, Oregon, and Washington; (9) three 
non-governmental organizations with salmon conservation 
expertise selected by the Board; and (10) an association of 
counties selected by the Board. Additionally, the Board would 
include 3-5 representatives from Indian tribes or tribal 
commissions located within the range of a salmon species.
  This section would require that the Board meet at least three 
times a year with timely notice to guarantee adequate input 
from a broader set of stakeholders and fisheries experts. It 
would require the Board to nominate and select a Chairperson 
from among the members of the Board and establish a standing 
science committee. In addition, this section would require for 
the Board to develop a written charter to reflect the purposes, 
intent, and governance framework of the Partnership.

Section 5. Information and assessment

  This section would require the Assistant Administrator of 
NMFS to carry out specific information and assessment functions 
associated with salmon strongholds, including: (1) triennial 
stronghold assessments; (2) geographic information system and 
mapping support; (3) projections of climate change impacts on 
habitats and life history stages of salmon; (4) development and 
application of models and other tools to identify salmon 
conservation actions projected to have the greatest positive 
impacts on salmon abundance, productivity, or diversity within 
salmon strongholds; and (5) measurement of the effectiveness of 
Partnership activities.

Section 6. Salmon Stronghold Watershed Grants and Technical Assistant 
        Program

  This section would require the Assistant Administrator of 
NMFS to establish a salmon stronghold watershed grants and 
technical assistance program to support protection and 
restoration activities. Activities that would be supported by 
the program include: (1) funding the administration of the 
Partnership in carrying out its charter; (2) encouraging 
cooperation among the entities represented on the Board, local 
authorities, and private entities to establish a network of 
salmon strongholds, and assist locally in specific actions that 
support the Partnership; (3) supporting entities represented on 
the Board in their efforts to develop and fund salmon 
stronghold initiatives; (4) maintaining a forum to share best 
practices and approaches, employ consistent and comparable 
metrics, forecast and address climate impacts, and monitor, 
evaluate, and report regional status and trends of salmon 
ecosystems in coordination with related regional and State 
efforts; (5) carrying out activities and existing conservation 
programs in, and across, salmon strongholds on a regional scale 
to achieve the goals of the Partnership; (6) accelerating the 
implementation of recovery plans in salmon strongholds that 
have salmon populations listed as threatened or endangered 
under the ESA; and (7) developing and disseminating information 
pertaining to the Partnership.
  This section details the selection process for projects that 
would be eligible to receive assistance under the program. A 
State with an efficient, cost-effective, and competitive grant 
program for salmon conservation and a viable plan to provide 
accountability under the program would be provided program 
funds by the National Fish and Wildlife Foundation (NFWF) for 
the selection and administration of intrastate projects. If, 
however, NFWF and the Board determine the State lacks such a 
competitive grant program, then NFWF, in consultation with the 
Board, would select and administer projects to be carried out 
within the State. An interstate project or programmatic 
initiative would receive funding from and be administered by 
NFWF, in consultation with the Board. All projects would be 
selected in accordance with criteria developed by the Board, 
which would require that a project which receives assistance 
under the program: (1) contribute to the conservation of 
salmon; (2) meet the criteria for eligibility in the charter; 
(3) address a factor limiting or threatening to limit 
abundance, productivity, diversity, habitat quality, or other 
biological attributes important to sustaining viable salmon 
populations within a salmon stronghold, or be a programmatic 
action that supports the Partnership; (4) address limiting 
factors to healthy ecosystem processes or sustainable fisheries 
management; (5) have the potential for conservation benefits 
and broadly applicable results; and (6) meet cost-sharing and 
expense limitation requirements. The Federal share of the cost 
for a project on non-Federal land would not be allowed to 
exceed 50 percent of the total cost, while the Federal share of 
up to 100 percent would be allowed for projects on Federal 
land. Non-Federal shares of cost would not be allowed to be 
derived from Federal grant programs, but would be allowed to 
include in-kind contributions. Any amounts provided by the 
Bonneville Power Administration directly or through a grant to 
another entity used to carry out a project that receives 
assistance under the program would be required to be credited 
toward the non-Federal share of the cost of the project. Of the 
amount made available to a State, NFWF, and NOAA under the 
program for each fiscal year, that State, NFWF, and NOAA would 
not be allowed to expend more than five percent of the amount 
for administrative and reporting expenses necessary to carry 
out this section. Each person that receives assistance from a 
State or NFWF would be required to provide periodic reports to 
the State or NFWF, as appropriate, to evaluate the progress and 
success of the project. At least every three years, NFWF and 
each State provided funding for programs and would be required 
to submit a report of activities to the Assistant Administrator 
of NMFS to evaluate the implementation of the program.

Section 7. Interagency cooperation

  This section would require that the heads of each Federal 
agency or department with stewardship over land within a salmon 
stronghold work with the Assistant Administrator of NMFS and 
the Director of USFWS to coordinate and streamline Partnership 
and other interagency salmon conservation efforts.

Section 8. International cooperation

  This section would authorize the Assistant Administrator of 
NMFS and the Board to share conservation data, strategies, 
methodologies, and other relevant information to North Pacific 
countries, including Canada, Japan, Russia, and South Korea, in 
addition to appropriate international entities for the 
promotion of salmon and salmon habitat conservation. This 
section recommends that the Assistant Administrator of NMFS and 
the Board encourage North Pacific countries to establish their 
own respective salmon strongholds.

Section 9. Acquisition and transfer of real property interests

  This section would restrict the acquisition of land and the 
funding of projects to those whose aims and goals are aligned 
with the program. Property acquisition under the program would 
require the written consent of the owners or interests of the 
property. This section would also prohibit property transfers 
from the program to another entity unless: (1) the entity is 
committed to manage the property in accordance with the spirit 
of the Act; or, (2) the transfer provides for the reversion of 
the property to the U.S. Government in the event the entity 
fails to manage the property in accordance with the Act.

Section 10. Administrative provisions

  This section would allow the Secretary, in concert with the 
Board, to: (1) enter into and to use cooperative agreements, 
contracts and grants and to make funds available for salmon 
stronghold protection, restoration, or enhancement activities; 
(2) apply for, accept, and use grants from any person to carry 
out the purposes of this Act, unless prohibited by any other 
provision of law; and (3) make funds available to any Federal 
agency or department to award financial assistance for any 
salmon stronghold project consistent with the Act.
  This section would allow the Secretary to enter into an 
agreement with a 501(c)(3) organization and to accept donations 
of funds or services to carry out activities under this Act. 
Donations would be considered gifts or bequests to the United 
States and would be allowed to be used by the Secretary, or in 
the case of donated property, by the Secretary of the Interior, 
or be provided to other Federal agencies or departments through 
interagency agreements.

Section 11. Limitations

  This section states that the Act does not aim to: (1) create 
a reserved water right, expressly or implicitly, in the United 
States for any purpose, or affect the management or priority of 
water rights under State law; (2) affect existing water rights 
under Federal or State law; (3) affect any Federal or State law 
in existence on the date of enactment of this Act regarding 
water quality or water quantity; (4) affect the authority, 
jurisdiction, or responsibility of any agency or department of 
the United States or of a State to manage, control, or regulate 
fish and resident wildlife under a Federal or State law or 
regulation; (5) authorize the Secretary or the Secretary of the 
Interior to control or regulate hunting or fishing under State 
law; (6) abrogate, abridge, affect, modify, supersede, or 
otherwise alter any right of a federally recognized Indian 
tribe under any applicable Federal or tribal law or regulation; 
or (7) diminish or affect the ability of the Secretary or the 
Secretary of the Interior to join the adjudication of rights to 
the use of water.

Section 12. Reports to Congress

  This section would direct the Assistant Administrator of 
NFMS, in consultation with the Director of USFWS, to submit a 
report to Congress describing the activities conducted under 
the Act at least every three years. The report would include 
recommendations, if any, for legislation relating to the 
Partnership.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, the Committee states that the bill as 
reported would make no change to existing law.

                                  
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